IC-NRLF 


University  of  California, 


GIFT  OF 


JOURNAL 


OF  TUB 


CONSTITUTIONAL  CONVENTION 


OF  THB 


STATE  OF  IOWA, 


1JJT  8B3SION  AT  IOWA  CITY,  FROM  THE  NINETEENTH  DAY  OF  JANUARY,  A.  D.,  ONE 

THOUSAND  EIGHT  HUNDRED  AND  FIFTY-SEVEN,   TO  THE  FIFTH 

DAY  OF  MARdH  OFTjfiJsAME  YEAR,  INCLUSIVE. 


MUSCATINE: 

PRINTED   BY  JOHN  MAHIN. 
1857. 


£ 

KVV 


JOURNAL 


OF  THB 


CONSTITUTIONAL  CONVENTION 


OF    THE    STATE    OF    IOWA. 


IOWA  CITY,  JANUARY  19,  1857. 

Agreeably  to  an  Act  of  the  Legislature  of  the  State  of  Iowa  entitled, 
*  i  An  Act  providing  for  the  revision  or  amendment  of  the  Constitution 
of  this  State,"  approved  January  24th,  1855,  the  greater  part  of  the 
members  of  the  Convention  elected  for  that  purpose,  met  this  day  at 
the  Capitol  in  Iowa  City,  in  the  Supreme  Court  Room. 

At  the  hour  of  ten  o'clock,  A.  M.,  the  Convention  was  called  to  order 
by  Mr.  Gray  of  the  County  of  Linn,  who  nominated  for  President  pro 
fempore,  JOHN  A.  PARVIN,  Esq.,  member  elect  from  the  Nineteenth 
Senatorial  District :  which  nomination  was  unanimously  agreed  to,  and 
Mr.  Parvin  took  his  seat  and  returned  thanks  for  the  honor  conferred 
upon  him  in  an  appropriate  address. 

Mr.  Ells  then  nominated  THOMAS  J.  SAUNDERS,  of  the  County  of 
Scott,  for  Secretary  pro  tempore :  which  nomination  was  agreed  to, 
and  the  Secretary  took  his  seat  accordingly. 

Mr.  Traer  nominated  ELLSWORTH  N.  BATES,  of  the  County  of  Linn, 
for  Assistant  Secretary  pro  tempore  :  which  motion  was  agreed  to. 

Mr.  Clarke,  of  Johnson,  nominated  SAMUEL  C.  TROWBRIDGE,  of  John- 
ion,  for  Sergeant-at-Arms pro  tempore:  which  nomination  was  agreed  to. 


Mr.  Wilson  nominated  FRANCIS  THOMPSON  for  Door  Keeper  pro  tern- 
pore,  :  which  nomination  was  agreed  to. 

Mr.  Warren  nominated  J.  H.  MERRITT  for  Fireman  pro  tempore : 
which  nomination  was  agreed  to. 

Mr.  Todhunter  nominated  JAMES  HAWKINS  for  Messenger  pro  tem- 
pore :  which  nomination  was  agreed  to. 

Mr.  Clarke,  of  Johnson,  nominated  GEORGE  CLEARMAN  for  Assistant 
Messenger,  pro  tempore  :  which  nomination  was  agreed  to. 

Mr.  Springer  moved  that  Mr.  Clarke,  of  Johnson,  be  appointed  to 
wait  upon  and  procure  a  clergyman  to  open  the  Convention  with  prayer: 
which  motion  was  adopted,  and  after  a  short  absence,  Mr.  Clarke  intro- 
duced the  Rev.  Mr.  Young,  who  made  an  appropriate  and  solemn  appeal 
to  the  Throne  of  Grace. 

The  Secretary  then  proceeded  to  call  the  members  elect  from  the  sev- 
eral Senatorial  Districts  in  their  order,  when  the  following  gentlemen 
appeared  and  answered  to  their  names,  viz : 

From  the  First  Senatorial  District — EDWARD  JOHNSTON  and  WIL- 
LIAM PATTERSON  ; 

From  the  Second  Senatorial  District — SQUIRE  AYRES  ; 

From  the  Third  Senatorial  District — TIMOTHY  DAY  ; 

From  the  Fourth  Senatorial  District — JONATHAN  C.  HALL  and  MOSEB 
W.  ROBINSON  ; 

From  the  Fifth  Senatorial  District — DAVID  P.  PALMER  ; 

From  the  Sixth  Senatorial  District — JAMES  F.  WILSON  ; 

From  the  Seventh  Senatorial  District — RUFUS  L.  B.  CLARKE  ; 

From  the  Eighth  Senatorial  District — GEORGE  GILLASPY  ; 

From  the  Ninth  Senatorial  District — JOHN  EDWARDS  ; 

From  the  Tenth  Senatorial  District — AMOS  HARRIS  ; 

From  the  Eleventh  Senatorial  District — DANIEL  H.  SOLOMON  ; 

From  the  Twelfth  Senatorial  District — DANIEL  W.  PRICE  ; 

From  the  Thirteenth    Senatorial  District- — FRANCIS  SPRINGER  ; 

From  the  Fifteenth  Senatorial  District— JEREMIAH  ROLLINGS  WORTH.; 

From  the  Sixteenth  Senatorial  District*— JAMES  A.  YOUNG  ; 

From  the  Seventeenth  Senatorial  District— HIRAM  D.  GIBSON  ; 

From  the  Eighteenth  Senatorial  District — LEWIS  TODHUNTER  ; 

From  the  Nineteenth  Senatorial  District — JOHN  A.  PARVIN  ; 

From  the  Twentieth  Senatorial  District — WILLIAM  PENN  CLARKE  ; 

From  the  Twenty-first  Senatorial  District — GEORGE  W.  ELLS  ; 

From  tho  Twenty-second  Senatorial  District — ROBERT  GOWER  ; 

From  the  Twenty- fourth  Senatorial  District — HOSE  A  W.  GRAY  ; 

From  the  Twenty-fifth  Senatorial  District — JAMES  C.  TRAER  ; 


From  the  Twenty-sixth  Senatorial  District — HARVEY  J.  SKIFF  ; 
From  the  Twenty-seventh  Senatorial  District — THOMAS  SEELY  ; 
From  the  Twenty-eight  Senatorial  District — WILLIAM  A.  WARREN  ; 
From  the  Twenty-ninth    Senatorial   District — ALBERT  H.  MARVIN  ; 
From  the  Thirtieth  Senatorial  District — JOHN  II.  EMERSON  ; 
From  the  Thirty-second  Senatorial  District — ALPIIEUS  SCOTT  ; 
From  the  Thirty-third  Senatorial  District — SHELDON  G.  WINCHEST- 
ER ;  and 

From  the  Thirty- fourth  Senatorial  District — JOHN  T.  CLARK. 

Whereupon  it  appeared  that  all  the  members  elect  were  present,  ex- 
cept those  from  the  Fourteenth,  Twenty-third  and  Thirty-first  Senato- 
rial Districts,  respectively. 

Mr.  Clarke,  of  Henry,  offered  the  following  resolution: 
"Res-jived,  That  a  committee  of  five  be  appointed  to  examine  and 

report  upon  credentials  and  qualifications  of  members  claiming  scats  in 

this  Convention  ;" 

Which  resolution  was  adopted  and  the  Chair  appointed  Messrs.  Clarke, 

of  Henry,  Hall,  Todhunter,  Palmer  arid  Wilson,  said  Committee. 

Mr.  Clarke,  of  Johnson,  moved  that  the  Convention  adjourn  until  to- 
morrow morning  at  ten  o'clock  A.  M. 

Mr.  Johnston  suggested  that  the  motion  be  withdrawn  temporarily  un- 
til certain  communications  from  the  cities  of  Dubuque  and  Davenport 
had  been  presented  and  disposed  of:  which  was  agreed  to  by  the  mover. 

The  President  then  laid  before  the  Convention  the  following  corres- 
pondence and  resolutions : 


"  SENATE  CHAMBER,  IOWA  CITY,  ) 
19th  January,  1857.          $ 
Sir, 

Permit  me  to  lay  before  your  body  the  accompanying  letter 
and  resolutions  of  the  Mayor  and  Common  Council  of  the  City  of  Du- 
buque, extending  to  the  body  over  which  you  preside,  an  invitation  to 
hold  your  session  in  that  city,  in  the  event  of  your  determining  to  re- 
move from  this  point. 

I  can  give  you  good  assurance  that  the  members  of  the  Convention 
will   be  cordially  received  and  entertained   by  the  citizens  of  Dubuque 
should  you  avail  yourselves  of  the  invitation  they  have  tendered  you. 
Very  respectfully, 

Your  Obedient  Serv't, 

W.  W.  HAMILTON. 
Hon.  President  of  the  Convention." 


"  MAYOR'S  OFFICE,  DUBUQUE,) 
January  10th,  1857.        $ 

HON.  W.  W.  HAMILTON,  President  of  the  Senate — 

Dear  Sir: 

By  the  resolution  which  passed  our  City  Council  on  the 
5th  instant,  you  will  see  that  the  members  of  the  Constitutional  Conven- 
tion are  invited  to  assemble  here.  I  have  been  authorized  to  request  you 
to  inform  the  presiding  officer  of  the  Convention  when  it  shall  be  organ- 
ized, of  our  invitation  and  I  know  you  will  do  so  in  terms  that  will  as- 
sure them  of  a  hearty  old  fashioned  Dubuque  welcome.  Our  people 
will  throw  open  their  houses  and  their  hearts  on  such  an  occasion  as  this, 
thus  giving  the  people  from  all  parts  of  our  State  an  opportunity  of  re- 
ceiving and  witnessing  our  hospitality.  I  append  a  copy  or  the  resolu- 
tion above  referred  to.  Wishing  you  good  health,  and  that  your  Legis- 
lative labors  may  result  in  our  common  benefit, 

I  remain  very  respectfully, 
Your  Obedient  Servant, 

DAVID  S.  WILSON. 
Mayor  of  the  City  of  Dubuque. 

"  Alderman  Nightingale  offered  the  following  resolution : 

' '  WHEREAS,  The  Convention  to  amend  the  State  Convention  will  as- 
semble at  Iowa  City  on  the  third  Monday  of  the  present  month  ;  and 
whereas  it  has  been  intimated  that  the  accommodations  at  said  city  are 
not  sufficient  from  the  fact  that  the  General  Assembly  are  now  and  prob- 
ably will  be  in  session  when  said  Convention  assembles  ;  and  whereas, 
it  is  believed  and  reported  that  a  desire  exists  on  the  part  of  some  of 
the  members  of  said  Convention  to  remove  the  session  of  that  very  re- 
spectable body  to  some  other  point  than  Iowa  City  ;  and  whereas,  our 
city  has  been  mentioned  in  that  connection — 

"  Resolved,  That  this  body  speaking  for  and  in  behalf  of  the  people 
of  Dubuque,  do  cordially  invite  the  members  of  the  Convention  to  assem- 
ble here,  and  we  authorizine  the  Mayor  to  inform  that  body,  through  the 
Hon.  W.  W.  Hamilton,  President  of  the 'Senate,  assuring  them  of  a 
cordial  reception  on  the  part  of  our  citizens,  and  that  they  will  be  com- 
fortably and  agreeably  provided  for  and  entertained  during  their  sojourn 
among  us. 

u Which  was  adopted." 


"  HOUSE  OF  REPRESENTATIVES, 
IOWA  CITY,  January  19th,  1857. 

To  the  Honorable  the  Constitutional  Convention  of  the  State  of 
Iowa  : 

Gentlemen : — On  the  14th  instant  I  was  directed  by  the  Honorable 
the  City  Council  of  the  City  of  Davenport  to  tender  to  your  honorable 
body  the  hospitalities  of  said  city  for  and  during  the  entire  session  of 
your  Convention  in  case  you  shall  think  proper  to  adjourn  from  this  to 
that  city.  A  copy  of  the  resolutions  adopted  is  herewith  submitted, 
and  in  obedience  to  the  request  contained  therein,  I  tender  to  your  hon- 
orable body  the  hospitalities  of  said  City  of  Davenport. 
I  am  with  great  respect, 

Your  Obedient  Servant, 

H.  G.  EARNER. 


"  CITY  OF  DAVENPORT,  COUNTY  OF  SCOTT, 
State  of  Iowa. 

At  a  special  meeting  of  the  City  Council  of  the  City  of  Davenport 
held  on  the  14th  day  of  January,  A.  D.,  1857,  among  other  proceed- 
ings the  following  were  had — 

Alderman  Price  offered  the  following  resolutions : 

Resolved,  That  the  Mayor  is  hereby  authorized  and  requested  to 
tender  the  hospitalities  of  the  City  of  Davenport  to  the  Constitutional 
Convention  which  is  to  assemble  at  Iowa  City  on  the  third  Monday  of 
January,  A.  D.,  1857,  provided  said  Convention  shall  think  proper  to 
adjourn  from  that  to  this  city  during  the  session  of  said  Convention. 

Resolved,  That  in  the  event  of  said  adjournment  the  Mayor  is  also 
authorized  and  requested  to  furnish  a  suitable  room  in  which  to  hold 
said  Convention. 

Resolved,  That  the  Mayor  is  hereby  requested  to  make  known  to  the 
members  of  said  Convention  when  assembled  at  Iowa  City  the  foregoing 
action  of  the  City  Council  through  H.  Gr.  Earner,  Esq. ,  our  representa- 
tive from  this  city. 
Which  were  adopted. 

SAMUEL  SADDORIS, 

Chairman  pro  tern. 
Attest : 

WM.  HALL,  Clerk." 


After  th 3 'reading  of  the  foregoing  had  been  concluded, 

Mr.  Ells  moved  that  the  correspondence  and  resolutions  he  laid  upon 
the  table  until  a  permanent  organization  of  the  Convention  should  be 
effected. 

Mr  H.irris  moved  as  a  substitute  that  they  should  be  referred  to  a 
committee  of  three  members  of  the  Convention  ; 

Mr  G3vV3i*  m)V3d  t )  ameid  the  substitute  by  inserting  five  instead  of 
three  as  the  number  of  members  for  the  committee ; 

Which  amendment  was  accepted  by  the  mover,  and  the  substitute  of 
Mr  Harris  was  adopted,  and  the  Chair  appointed  the  following  gentle- 
men said  committee,  viz:  Messrs  Ells,  Springer,  Emerson,  Clarke  of 
Johnsoi,  and  Edwards. 

Mr  Clarke,  of  Johnson,  then  renewed  his  motion,  and  the  Convention 
adjourned  until  to-morrow  morning  at  ten  o'clock,  A.  M. 


TUESDAY  MORNING,  JANUARY  20,  1857. 

At  ten  o'clock,  A.  M.,  the  President  pro  tempore  took  the  Chair  and 
called  the  Convention  to  order. 

Prayer  was  offered  by  the  Rev.  Mr  Kynett. 

The  Journal  of  yesterday's  proceedings  was  read  by  the  Secretary 
and  approved. 

Mr  Clarke,  of  Henry,  from  the  Committee  on  Credentials  made  the 


following 


REPORT. 


The  Committee  on  Credentials  and  qualifications  of  members  report 
the  following  persons  as  duly  qualified  and  entitled  to  seats  as  members 
of  the  Constitutional  Convention  for  the  State  of  Iowa,  assembled  Jan- 
uary 19th,  1857 — 

EDWARD  JOHNSTON  I  Senatorial  District. 

WILLIAM  PATTERSON  I  "  " 

SQUIRE  AYERS  H  "  " 

TIMOTHY  DAY  III  "  " 

JOHXATHAN  C.  HALL  IV  "  " 

MOSES  W.  ROBINSON  IV  " 

DAVID  P.  PALMAR  V  "  " 

JAMES  F.  WILSON  VI 


RUFUS  L.  B.  CLARKE  VII         Senatorial  District. 

GEORGE  GILLASPY  VIII  "  " 

JOHN  EDWARDS  IX  "  " 

AMOS  HARRIS  X  "  " 

DANIEL  II.  SOLOMON  XI  "  " 

DANIEL  W.  PRICE  XII  "  " 

FRANCIS  SPRINGER  XIII  "  " 

DAVID  JUNKER  XIV  "  <£ 

.    JEREMIAH  HOLLINGSWORTII   XV  "  " 

JAMES  A.  YOUNG  XVI  "  •  " 

HIRAM  D.  GIBSON  XVII  "  " 

LEWIS  TomiCNTER  XVIII  "  " 

JOHN  A.  PARVIN  XIX  "  " 

WILLIAM  PENN  CLARKE  XX  "  " 

GEORGE  W.  ELLS  XXI  "  " 

ROBERT  GOWK.I  XXII  "  " 

AYLETT  R.  COTTON  XXIII  u  " 

HOSEA  W.  GRAY  XXIV  "  « 

JAMES  C.  TRAER  XXV  '<  " 

HARVEY  J.  SKIFF  XXVI  "  " 

THOMAS  SEELY  XXVII  "  " 

WILLIAM  A.  WARREN  XXVIII  "  *£ 

ALBERT  II.  MARVIN  XXIX  *'  " 

JOHN  II.  EMERSON  XXX  u  «« 

ALPIIEUS  SCOTT  XXXII  "  u 

SHELDON  G.  WINCHESTER  XXXIII          -  "  u 

JOHN  T.  CLARK  XXXIV 

And  that  no  person  has  produced  credentials  from  the  XXXI  Sena- 
torial District. 

R.  L.  B.  CLARKE, 

Chairman. 

Mr.  Clarke,  of  Johnson,  moved  that  the  report  of  the  Committee  on 
Credentials  be  adopted :  which  motion  was  agreed  to. 

Mr.  Winchester  offered  the  following  resolution  : 

Resolved,  That  until  otherwise  ordered  the  officers  of  this  Convention 
shall  consist  of:  a  President,  a  Secretary,  an  Assistant  Secretary,  Ser- 
geant-at- Arms,  a  Door  Keeper,  a  Fireman  and  First  and  Second  Mes- 
sengers ; 

Which  resolution  was  adopted. 

Mr.  Clarke,  of  Johnson,  moved  the  following  resolution: 
Resolved,  That  the  Convention  do  now  proceed  to  the  election  of  a 
permanent  President  and  other  officers,  viva  voce  ; 
Which  resolution  was  agreed  to. 
1* 


10 

Mr.  Clarke,  of  Johnson,  nominated  for  President,  FRANCIS  SPRINGER, 
Esq.,  from  the  Thirteenth  Senatorial  District; 

Mr.  Johnston  nominated  JONATHAN  C.  HALL,  Esq.,  from  the  Fourth 
Senatorial  District; 

The  Convention  being  called  by  the  Secretary  the  following  gentlemen 
voted  for  Mr.  Springer,  viz : 

Messrs.  Bunker,  Messrs.  Parvin, 

Clarke,  of  Henry,  Scott, 

Clarke,  of  Johnson,  Seely, 

Clark,  of  Alamakee,  Skiff, 

Edwards,  Todhunter, 

Ells,  Traer, 

Gower,  Wan-en, 

Gray,  Wilson, 

Hollingsworth,       .  Winchester, 

Marvin ,  Y  oung , — 20 . 

And  the  following  gentlemen  for  Mr  Hall,  viz  : 

Messrs.  Ayers,  Messrs.  Han-is, 

Cotton,  Johnston, 

Day,  Palmer, 

Emerson,  Patterson, 

Gibson,  Price, 

Gillaspy,  Robinson, 
Solomon — 13. 

Mr.  Springer  voted  for  Mr.  Parvin  and  Mr.  Hall  for  Mr.  Gillaspy. 

Whereupon,  Mr.  Springer  was  declared  duly  elected  President  of  the 
'Convention  and  was  conducted  to  the  Chair  by  Messrs.  Todhunter  and 
Gibson. 

The  President,  upon  taking  his  seat,  addressed  the  Convention  aa 
follows : 

"  I  return  you,  gentlemen,  the  homage  of  my  thanks  for  the  honor  of 
being  chosen  to  preside  over  the  deliberations  of  this  Convention.  In 
signifying  to  you  my  appreciation  of  this  distinguished  testimonial  of 
your  confidence  and  regard,  I  must  confess  that  I  feel  embarrassed  by 
a  sense  of  my  inability  to  bring  to  the  chair  the  experience  and  acquaint- 
ance with  parliamentary  practice,  the  possession  of  which  would  be  con- 
sidered necessary  to  justify  your  choice.  Under  these  circumstances  I 
shall  have  to  throw  myself  upon  your  kindness,  and  to  bespeak  your 
forbearance  and  friendly  co-operation  in  my  endeavors  to  discharge  ac- 
ceptably the  various  and  sometimes  difficult  duties  of  a  presiding  officer 


11 

— praying  you  to  be  assured  of  the  disposition  I  cherish  to  servo  you 
faithfully  and  impartially,  and  of  my  hearty  readiness  to  contribute  inv 
mite  towards  a  satisfactory  performance  of  the  important  work  whicn 
we  have  been  sent  here  to  accomplish. 

u  With  us  '  the  sovereignty  of  the  people  is  a  conceded  axiom.'  We 
are  the  representatives  of  that  sovereignty,  charged  with  the  duty  and 
clothed  with  the  power  of  revising  their  organic  law.  I  am  sure  I  need 
not  remind  the  intelligent  members  of  this  Convention  of  the  high  re- 
sponsibility of  this  trust.  The  Constitution  of  a  State  is  designed  to  bo 
to  a  certain  extent  a  fixed  and  permanent  instrument — a  higher  law  for 
the  guidance,  not  only  of  individual  members  of  the  body  politic — but 
also  a  law  to  which  the  various  departments  of  the  government  must  in 
their  action  conform.  It  is  the  foundation  upon  which  the  superstruc- 
ture of  the  legislation  and  jurisprudence  of  the  State  rests.  Upon  its 
character  the  prosperity  and  happiness  of  the  social  compact  may  be 
said  much  to  depend.  It  is  looked  upon  as  embodying  the  spirit  and 
policy  of  a  people.  It  is,  in  a'word,  <  positive  law.' 

"  That  this  great  trust  will  be  performed  by  the  members  of  this  Con- 
vention wisely,  and  well,  I  entertain  no  doubt — meeting  the  just  expec- 
tations of  an  enlightened  constituency,  and  imparting  fresh  vigor  to 
the  advancing  steps  of  our  noble  young  State  in  her  career  to  the  high 
destiny  which  lies  before  her." 

Mr.  Ells  nominated  for  Secretary,  THOMAS  J.  SAUNDERS,  of  the. 
County  of  Scott ; 

Mr.  Gillaspy  nominated  PHILIP  B.  BRADLEY,  of  the  County  of 
Jackson ; 

The  Convention  being  called  the  following  gentlemen  voted  for  Mr. 
Saunders,  viz  : 

Messrs.  Bunker,  Messrs.  Parvin, 

Clarke,  of  Henry,  Scott, 

Clarke,  of  Johnson,  Seely, 

Clark,  of  Alamakee,  Skiff, 

Edwards,  Young, 

Ells,  Todhunter, 

Gower,  Traer, 

Gray,  Warren, 

Hollingsworth,  Wilson, 

Marvin,  Winchester, 
Springer,  (Prest.,)— -21. 

And  the  following  gentlemen  for  Mr.  Bradley,  viz  : 

Messrs.  Ayers,  Messrs.  Hall, 

Cotton,  Johnston, 


12 

Messrs.  Day,  Messrs.  Palmer, 

Emerson,  Patterson, 

Gibson,  Price, 

Gillaspy,  Robinson, 

Harris,  Solomon — 14. 

Whereupon,  Mr.  Saunders  was  declared  duly  elected  Secretary  of  the 
Convention. 

Mr.  Gray  nominated  for  Assistant  Secretary,  ELLSWORTH  N.  BATES, 
of  the  County  of  Linn ; 

Mr.  Palmer  nominated  H.  BURNS,  of  the  County  of  Johnson; 

Upon  a  call  of  the  Convention  the  following  gentlemen  voted  for  Mr. 
BATES,  viz: 

Messrs.  Bunkej*,  Messrs..  Parvin, 

Clarke,  of  Henry,  Scott, 

Clarke,  of  Johnson,  Seely, 

Clark,  of  Alamakee,  Skiff, 

Edwards,  Young, 

Ells,  Todhunter, 

Gower,  Traer, 

Gray,  Warren, 

Hollingsworth,  Wilson, 

Marvin,  Winchester, 
Springer,  (Prest.,)— 21. 

And  the  following  gentlemen  for  Mr.  Burns,  viz: 

Messrs.  Ayers,  Messrs.  Harris, 

Cotton,  Johnston, 

Day,  Palmer, 

Emerson,  Patterson, 

Gibson,  Price, 

Gillaspy,  Robinson, 

Hail,  Solomon — 14. 

Whereupon,  Mr.  Bates  was  declared  duly  elected  Assistant  Secretary 
of  the  Convention. 

Mr.  Gower  nominated   for   Sergeant- at- Arms,    SAMUEL  C.  TKOW- 
BRIDGE,  of  the  County  of  Johnson  ; 

Mr.  Gillaspy  nominated  D.  F.  GALORD,  of  the  County  of  Wapello ; 

Upon  a  call  of  the  Convention  the  following  gentlemen  voted  for  Mr. 
Trowbridge,  viz: 


13 

• 

Messrs.  Bunker,  Messrs.  Parvin, 

Clarke,  of  Henry,  Scott, 

Clarke,  of  Johnson,  Seely, 

Clark,  of  Alamakee,  Skiff, 

Edwards,  Young, 

Ells,  Todhunter, 

Gower,  Tracr, 

Gray,  Warren, 

Hollingsworth,  Wilson, 

Marvin,  Winchester, 
Springer,  (Prest.,) — 21. 

And  the  following  gentlemen  for  Mr,  Galord,  viz: 

Messrs.  Ayers,  Messrs.  Harris, 

Cotton,  Johnston, 

Day,  Palmer, 

Emerson,  Patterson, 

Gibson,  Price, 

Gillaspy,  Robinson, 

Hall,  Solomon— 14. 

Whereupon,  Mr.  Trowbridge  was  declared  duly  elected  Sergeant-at- 
Arms  of  the  Convention. 

Mr.  Todhunter  nominated  for  Door  Keeper,  FRANCIS  THOMPSON  ; 
Mr.  Ayers  nominated  J.  PAGE  ; 

The  Convention  being  called,  the  following  gentlemen  voted  for  Mr, 
Thompson,  viz : 

Messrs.  Bunker,  Messrs.  Parvin, 

Clarke,  of  Henry,  Scott, 

Clarke,  of  Johnson,  Seely, 

Clark,  of  Alamakee,  Skiff, 

Edwards,  Young, 

Ells,  Todhunter, 

(rower,  Traer, 

Gray,  Warren, 

Hollingsworth,  Wilson, 

Marvin,  Winchester, 
Springer,  (Prest.,)— 21. 

the  following  gentlemen  for  Mr.  Page,  viz ; 

Messrs.  Ayres,  Messrs,  Harris, 

Cotton,  Johnston, 

Day,  Palmer) 


14 


Messsrs.  Emerson, 
Gibson, 
Gillaspy, 
Hall, 


Messrs.  Patterson, 
Price, 
Robinson, 
Solomon — 14. 


Whereupon,  Mr.  Thompson  was  declared  duly  elected  Door  Keeper  of 
the  Convention. 

Mr.  Wilson  nominated  J.  H.  MERRITT,  for  Fireman  ; 

No   other  nomination  being   made   Mr.  Merritt  was   unanimous!/ 
elected. 

Mr.  Winchester  nominated  JAMES  HAWKINS  for  First  Messenger  ; 

Mr.  Hall  nominated  WILLIS  CONARD  ; 

Upon  these  nominations  the  Convention  voted  as  follows,  viz: 

For  James  Hawkins — 


Messrs.  Bunker, 

Clarke,  of  Henry, 

Clarke,  of  Johnson, 

Clark,  of  Alamakee, 

Edwards, 

Ells, 

Gower, 

Gray, 

Hollingsworth, 

Marvin, 

For  Willis  Conard — 

Messrs.  Ayers, 
Cotton, 

Day, 
Emerson, 
Gibson, 

Gillaspy, 

Hall, 


Messrs.  Parvin, 
Scott, 
Seely, 
Skiff, 
Young, 
Todhunter, 
Traer, 
Wilson, 
Winchester, 
Springer,  (Prest.,)— 20. 


Messrs.  Harris, 

Johnston, 

Palmer, 

Patterson, 

Price, 

Robinson, 

Solomon — 14. 


Whereupon,  James  Hawkins  was  declared  duly  elected  First  Messen 
ger  of  the  Convention. 

Mr.  Seely  nominated  for  Second  Messenger,  GEORGE  CLEARMAH  ; 

Mr.  Hall  nominated  WILLIS  CONARD  ; 

Upon  these  nominations  the  Convention  voted  as  follows,  viz: 


15 

For  George  Clearman — 

Messrs.  Bunker,  Messrs.  Parvin, 

Clarke,  of  Henry,  Scott, 

Clarke,  of  Johnson,  Seely, 

Clark,  of  Alamakee,  Scott, 

Edwards,  Young, 

Ells,  Todhunter, 

Gower,  Traer, 

Gray,  Warren, 

Rollings  worth,  Wilson, 

Marvin,  Winchester, 
Springer,  (Prest.,)— 21. 

For  Willis  Conard— 

Messrs.  Ayers,  Messrs.   Harris, 

Cotton,  Johnston, 

Day,  Palmer, 

Emerson,  Patterson, 

Gibson,  Price, 

Gillaspy,  Robinson, 

Hall,  Solomon — 14. 

Whereupon,  George  Clearman  was  declared  duly  elected  Second  Mes- 
senger of  the  Convention. 

Mr.  Todhunter  offered  the  following  resolution  : 

Resolved,  That  the  members  elect  of  this  Convention  be  and  they 
are  hereby  required  severally  to  take  an  oath  to  support  the  Constitution 
of  the  United  States  and  to  faithfully  discharge  their  duties  as  delegates 
to  this  Convention. 

Mr.  Skiff  moved  as  a  substitute  for  said  resolution  the  following : 

Resolved,  That  the  members  of  this  Convention  be  and  are  hereby 
requested  severally  to  take  an  oath  to  support  the  Constitution  of  the 
United  States  and  the  Constitution  of  the  State  of  Iowa  and  to  faith- 
fully discharge  the  duties  of  delegates  to  this  Convention. 

Mr.  Traer  moved  that  the  substitute  be  laid  on  the  table :  which  motion 
was  agreed  to. 

Mr.  Clarke,  of  Henry,  moved  that  the  original  resolution  be.  laid  on 
table :  which  motion  was  not  agreed  to. 

The  resolution  offered  by  Mr.  Todhunter  was  then  adopted. 

Mr.  Clarke,  of  Johnson,  moved  that  the  Sergeant- at- Arms  be  die- 
patched  for  an  officer  to  administer  the  oath  to  the  members  of  the  Con- 
vention :  which  motion  was  agreed  to. 


16 

Mr.  Gray  offered  the  following  resolution : 

Resolved,  That  the  rules  governing  the  present  House  of  Represen- 
tatives of  this  State  be  adopted  temporarily  so  far  as  applicable  for  the 
government  of  this  Convention  until  otherwise  ordered. 

Mr.  Wilson  moved  to  amend  the  resolution  by  striking  out  the  words 
u  present  House  of  Representatives  of  this  State"  and  inserting  the 
words  "  Constitutional  Convention  of  1846  with  the  exception  of  Rule 
10 :  " 

Which  amendment  was  agreed  to  and  the  resolution  as  amended  was 
adopted. 

Mr.  Edwards  offered  the  following  resolution  : 

Resolved,  That  the  Sergeant-- at- Arms  be  instructed  to  procure  of  the 
Secretary  of  State  for  the  use  of  each  member  of  this  Convention  a 
copy  of  the  Code  of  Iowa  and  the  Acts  of  the  Session  of  the  Legisla- 
ture of  1855-6 ; 

Which  resolution  was  adopted. 

Mr.  Todhunter  offered  the  following  resolution  : 

Resolved,  That  a  committee  of  eight  members  be  appointed  of  equal 
number  from  each  Congressional  District,  whose  duty  it  shall  be  to  re- 
port a  method  for  conducting  the  business  and  deliberations  of  the  Con- 
vention and  to  designate  the  necessary  Standing  Committees. 

Mr.  Hall  moved  that  the  resolution  be  laid  on  the  table  :  which  motion 
was  agreed  to. 

Mr.  Wilson  offered  the  following : 

Resolved,  That  fifteen  committees  be  appointed  by  the  President  to 
which  shall  be  referred  so  much  of  the  Constitution  and  other  matters 
as  relate  to  the  specific  subjects  hereinafter  designated  as  appropriate 
to  each  Committee — 

1.  A  committee  on  the  Legislative  Department,  to  consist  of  five 
members. 

2.  A  committee  on  the  Executive  Department,  to  consist  of  three 
members. 

3.  A  committee   on  the   Judicial  Department,  to  consist   of    five 
members. 

4.  A  committee  on  the  Apportionment  of  Representation,  to  consist 
of  seven  members. 

5.  A  committee  on  the  Elective  Franchise,  to  consist  of  three  mem- 
bers. 

6.  A  committee  on  Corporations,  other  than   corporations  for  bank- 
ing, to  consist  of  three  members. 

7.  A  committee  on  Banking  and  Currency,  to  consist  of  five  members. 


17 

8.  A  committee  on  Public  Debt,  to  consist  of  three  members. 

9.  A  committee  on  Education  and  School  Lands,  to  consist  of  three 
members. 

10.  A  committee  on  Militia  to  consist  of  three  members. 

11.  A  committee  on  Finance  and  Taxation,  to  consist  of  five  mem- 
bers. 

12.  A  committee  on  the  Public  Institutions  of  the  State,  to  consist 
three  members. 

lo.  A  committee  on  the  Preamble  and  Bill  of  Rights,  to  consist  of 
five  members. 

14.  A  committee  on  Future  Amendments  of  the  Constitution,  to  con- 
sist of  three  members. 

15.  A  committee  on  such  miscellaneous  subjects  and  propositions  as 
are  not  referred  to  in  the  foregoing  fourteen  committees,  to  consist  of 
five  members. 

Mr.  Johnston  moved  that  the  resolution  be  laid  on  the* table  subject  to 
the  order  of  the  Convention  ; 
Which  motion  was  agreed  to. 

Mr.  Clarke,  of  Johnson,  presented  the  following  resolution  : 
Resolved,  That  a  committee  of  five  be  appointed  to  draft  rules  for 

the  government  of  this  Convention  ; 

Which  resolution  was  adopted  and  the  Chair  appointed  the  following 

gentlemen,  viz:  Messrs.  Clarke,  of  Johnson,  Johnston,  Edwards,  Hall 

and  Bunker. 

Mr.  Palmer  offered  the  following : 

Resolved,  That  the  Secretary  of  this  Convention  be  instructed  to  pro- 
cure for  each  delegate  twenty-five  daily  newspapers,  or  their  equivalent 
in  other  newspapers,  at  the  option  of  the  delegate  ; 

Mr.  Johnston  moved  that  the  resolution  be  laid  upon  the  table  subject 
to  the  order  of  the  Convention  ;  which  motion  was  agreed  to. 

Mr.  Clarke,  of  Johnson,  offered  the  following : 

Resolved,  That  John  Teesdale  be  employed  to  print  one  hundred 
copies  of  the  present  Constitution  of  this  State,  for  the  use  of  the  mem- 
bers of  this  Convention  ;  also,  two  hundred  copies  of  the  act  of  Ihe 
Legislature  authorizing  the  calling  of  the  Convention. 

Mr.  Hall  moved  that  the  resolution  be  laid  upon  the  table  subject  to 
the  order  of  the  Convention  ;" 

Which  motion  was  agreed  to. 

Mr.  Clarke,  of  Henry,  offered  the  following  resolution : 
Resolved,  That  this  Convention  will  employ  a  Reporter,  to  report  the 
Debates  and  Proceedings  of  this  Convention,  and  that  a  committee   of 
2 


18 

three  be  appointed  bj  the  President  to  ascertain  and  report  the  name 
of  a  competent  and  suitable  person  to  be  thus  employed  :  and  also  re- 
port a  plan  for  the  publication  of  the  Debates  and  proceedings  : 

Which  resolution  was  adopted,  and  the  Chair  appointed  Messrs.  Clarke, 
of  Henry,  Hall  and  Clarke  of  Johnson  said  committee. 

Mr.  Ells,  from  the  committee  to  whom  was  referred  the  communica- 
tions respecting  the  invitations  from  the  cities  of  Dubuque  and  Daven- 
port, reported  verbally,  that  the  committee  had  not  been  able  to  agree, 
and  requested  of  the  Convention  further  time  for  consideration. 

Mr.  Warren  moved  that  the  committee  be  instructed  to  report  at  the 
afternoon  session ; 

Which  motion  was  agreed  to. 

The  President  laid  before  the  Convention  the  following  communica- 
tion : 

To  the.  President  of  the  Constitutional  Convention  of  Iowa : 
HONORED  SIR  : 

I  herewith  present  to  the  members  of  the  Conven- 
tion copies  of  a  Journal  of  Debates  containing  the  terms  upon  which  a 
similar  publication  of  the  doings  and  debates  of  the  body  over  which 
you  preside  may  be  published  so  as  to  be  subject  only  to  newspaper 
postage,  should  it  be  the  pleasure  of  the  Convention. 

Yours,  respectfully, 

S.  STORKS  HOWE. 
IOWA  CITY,  January  20th,  1857. 

Mr.  Clarke,  of  Henry,  from  the  committee  on  Reports  made  the 
following 

REPORT. 

The  committee  appointed  to  ascertain  and  report  the  name  of  a  suit- 
able and  competent  person  to  be  employed  as  Reporter  for  this  Conven- 
tion, report  the  name  of  W.  Blair  Lord,  of  Baltimore,  now  present. 

R.  L.  B.  CLARKE. 

Chairman. 
On  motion  the  report  was  adopted. 

On  motion  of  Mr.  Warren  the  Convention  then  adjourned  till  two 
o'clock  this?  afternoon. 


19 


TUESDAY  AFTERNOON. 

At  two  o'clock  P.  M.  the  Convention  again  assembled,  pursuant  to 
adjournment. 

Judge  T.  II.  Lee  appeared  before  the  Convention,  and  administered 
to  the  members,  respectively,  the  oath  or  affirmation,  in  accordance  with 
the  resolution  adopted  this  morning. 

Mr.  Ells,  from  the  committee  to  whom  was  referred  the  communica- 
tions respecting  the  invitations  from  the  cities  of  Dubuque  and  Daven- 
port, made  the  following 

REPORT. 

The  committee  to  whom  was  referred  the  invitations  of  the  city  au- 
thorities of  Davenport  and  Dubuque  to  hold  the  sittings  of  this  Con- 
vention in  their  respective  cities  and  partake  of  the  hospitalities  of  their 
citizens,  have  had  said  matter  under  consideration  and  the  majority  of 
the  committee  have  instructed  me  to  offer  for  adoption  the  following 
resolution : 

Resolved,  That  while  we  duly  appreciate  the  patriotic  motives  of  the 
city  authorities  of  Davenport  and  Dubuque  in  thus  tendering  the  hospi- 
talities of  their  respective  cities,  we  deem  it  inexpedient  to  accept  of 
either  of  those  invitations  at  this  time. 

GEO.  W.  ELLS, 
Chairman. 

Mr.  Clark,  of  Alamakee,  moved  that  the  report  be  accepted  and  the 
committee  discharged  ; 

Which  motion  was  agreed  to. 

Mr.  Ells  moved  to  amend  the  proposed  resolution  of  the  committee  by 
striking  out  the  word  "inexpedient"  and  inserting  the  word  "expedient:" 
also,  by  striking  out  the  words  "of  either"  and  inserting  the  word 
"one,"  making  the  resolution  to  read  as  follows  : 

Resolved,  That  while  wo  duly  appreciate  the  patriotic  motives  of  the 
city  authorities  of  Davenport  and  Dubuque  in  thus  tendering  the  hospi- 
talities of  their  respective  cities,  we  deem  it  expedient  to  accept  one  of 
those  invitations  at  this  time. 

Mr.  Parvin  moved  to  lay  the  amendment  on  the  table  ; 

Which  motion  was  not  agreed  to. 


20 

Jpon  the  question  of  agreeing  to  the  amendment,  the  yeas  and  nays 
/ere  demanded  and  it  was  decided  in  the  affirmative  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Clarke,  of  Henry,  Patterson, 

Clark,  of  Alamakee,  Price, 

Colton,  Robinson, 

Day,  Scott, 

Edwards,  Seely, 

Ells,  Skiff, 

Emerson,  Solomon, 

Gibson,  Todhunter, 

Gillaspy,  Warren, 

Hall,  Hollingsworth— 22 

NAYS. 

Messrs.  Bunker,  Messrs.  Marvin, 

Clarke,  of  Johnson,  Palmer, 

Gower,  Parvin, 

Gray,  Young, 

Harris,  Traer, 

Wilson,  Winchester, 
Springer,  (Prest.)— 13. 

Mr.  Emerson  moved  to  further  amend  the  resolution,  by  designating 
Dubuque  as  the  city  whose  invitation  shall  be  accepted. 

It  was  moved  that  the  amendment  be  laid  upon  the  table  ; 
Which  motion  was  agreed  to. 

The  question  now  being  upon  the  adoption  of  the  resolution  as  amend- 
ed, the  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirm- 
ative as  follows : 

YEAS. 

Messrs.  Clarke,  of  Henry,  Messrs.  Johnston, 

Colton,  Patterson, 

Day,  Price, 

Edwards,  Robinson, 

Ells,  Scott, 

Emerson,  Seely, 

Gibson,  Skiff, 

Gillaspy,  Solomon, 

Hall,  Todhunter, 

Hollingsworth,  Warren — 20. 


21 

NAYS. 

'Messrs.  Ayers,  Messrs.  Marvin, 

Bunker,  Palmer, 

Clarke,  of  Johnson,  Parvin, 

Clark,  of  Alamakee,  Young, 

Gower,  Traer, 

Gray,  Wilson, 

Harris ,  Winchester , 
Springer,  (Prest.)— 15. 

Mr.  Parvin  moved  that  a  committee  of  two  be  appointed  to  proceed 
to  the  cities  of  Dubuque  and  Davenport  to  ascertain  and  report  upon 
the  accommodations  which  can  be  afforded  by  them  respectively. 

Mr.  Clarke,  of  Henry,  moved  as  a  substitute,  that  the  invitation  of 
the  city  of  Davenport  be  accepted. 

Mr.  Emerson  moved  to  amend  the  substitute  by  inserting  Dubuque 
instead  of  Davenport. 

Mr.  Edwards  then  moved  to  lay  the  whole  subject  upon  the  table  until 
ten  o'clock  to-morrow  morning  ; 
Which  motion  was  agreed  to. 

Mr.  Patterson  offered  the  following  : 

Resolved,  That  A.  T.  Walling  be  admitted  to  the  Hall  of  the  Con- 
vention as  reporter  for  the  Keokuk  Times  and  J.  B.  Howell  as  reporter 
for  the  Gate  City  ; 

Which  resolution  was  adopted. 

Mr.  Clarke,  of  Johnson,  moved  that  S.  S.  Howe  be  admitted  to  the 
Hall  of  the  Convention  as  reporter  for  the  Iowa  City  Republican  ; 
Which  motion  was  agreed  to. 

Mr.  Wilson  moved  to  take  up  the  resolution  offered  by  him  this  morn- 
ing relative  to  the  appointment  of  committees,  said  resolution  having 
been  laid  upon  the  table  subject  to  the  order  of  the  Convention  ; 

Which  motion  was  agreed  to,  and  the  resolution  was  read  by  the 
Secretary. 

Mr.  Traer  moved  to  strike  out  all  after  the  word  'Resolved?  and  insert 
as  follows : 

"That  the  following  list  of  Standing  Committees  be  appointed  by 
the  President — 

1.  A  committee  of  five  members  upon  the  Preamble  and  Bill  of 
Rights  ; 


22 

2.  A  committee  of  three  upon  the  Right  of  Suffrage  and  Distribution 
of  Powers; 

3.  A  committee  of  seven  upon  the  Legislative  Department; 

4.  A  committee  of  three  upon  the  Executive  Department; 

5.  A  committee  of  five  upon  the  Judicial  Department  ; 

6.  A  committee  of  three  upon  the  Militia  and  Military  Affairs  ; 

7.  A  committee  of  five  upon  State  Debts  ; 

8.  A  committee  of  five  upon  Incorporations  and  Banking  ; 

9.  A  committee  of  five  ujfpn  Education  and  School  Lands  ; 

10.  A  committee  of  three  upon  Amendments  to  the  Constitution  ; 

11.  A  committee  of  three  upon  Miscellaneous  Subjects, 

Mr.  Clarke,  of  Henry,  offered  the  following  as  a  substitute : 

Resolved,  That  a  committee  of  five  be  appointed  by  the  Chair  to 
report  the  number  and  character  of  the  Standing  Committees  for  this 
Convention ; 

Which  was  adopted,  and  the  Chair  appoint  Messrs.  Clarke,  of  Henry, 
Johnston,  Parvin,  Traer  and  Wilson  said  committee. 

Mr.  Clarke,  of  Johnson,  moved  to  take  up  the  resolution  offered  by  him 
this  morning  respecting  the  printing  of  the  Constitution  of  Iowa  arid 
the  Act  authorizing  the  calling  of  the  Convention,  said  resolution  hav- 
ing been  laid  upon  the  table  subject  to  the  order  of  the  Convention : 

Which  motion  was  agreed  to,  and  the  resolution  was  then  adopted. 

Mr.  Todhunter  offered  the  following  : 

Resolved,  That  the  Reporter  of  this   Convention  be  furnished  with 
stationary  and  documents  such  as  is  furnished  to  members  of  this  body  ; 
Which  was  adopted. 

Mr.  Edwards  moved  to  reconsider  the  vote  by  which  tlie  whole  subject 
respecting  the  invitations  of  the  cities  of  Davenport  and  Dubuque  was 
laid  upon  the  table  until  to-morrow  morning : 

Which  motion  was  not  agreed  to. 

Mr.  Clarke,  of  Johnson,  offered  the  following  resolution : 

Resolved^  That  the  Secretary  <^f  State  be  authorized  to  purchase  for 
the  use  of  the  members  of  this  Convention,  thirty-seven  copies  of  the 
Constitution  of  the  several  States  and  Union  published  by  Barnes : 

Which  resolution  was  adopted. 

On  motion  of  Mr.  Edwards, 

The  Convention  then  adjourned  until  to-morrow  morning  at  ten 
o'clock. 


23 


WEDNESDAY  MORNING,  JANUARY  21,  1857. 

At  tan  o'clo3k  A.  M.  the  Convention  came  to  order,  the  President  in 
the  Chair. 

Prayer  was  offered  by  Rev.  Mr.  Kynett. 

The  Journal  of  yesterday's  proceedings  was  read  by  the  Secretary 
and  approved. 

Mr.  Hall  presented  the  credentials  of  John  II.  Peters,  member  elect 
from  the  Thirty-first  Senatorial  District : 

Which  were  received,  and  Mr.  Peters,  after  having  had  the  oath  ad- 
ministered to  him  by  the  President,  took  his  seat  in  the  Convention. 

Mr.  Clarke,  of  Johnson,  from  the  committee  on  rules  for  the  gov- 
ernment of  the  Convention,  made  the  following 

REPORT. 

The  committee  on  Rules  recommend  the  adoption  of  the  following 
rules  for  the  government  of  the  Convention : 

RULES    OF 'THE   CONVENTION. 

1.  The  President  shall  take  the  chair  every  day  precisely  at  the  hour 
to  which  the  Convention  shall  have  adjourned  on  the  preceding  day ; 
shall  immediately  call  the  Convention  to  order,  and  on  the  appearance 
of  a  quorum  shall  cause  the  journal  to  be  read. 

2.  He  shall  preserve  order  and  decorum,  and  may  speak  to  points  of 
order,  in  preference  to  other  members,  rising  from  his  seat  for  that  pur- 
pose, and  shall  decide  questions  of  order,  subject  to  an   appeal  to  the 
Convention  by  any  two  members. 

3.  He  shall  rise  to  put  a  question,  but  may  state  it  sitting. 

4.  Questions  shall  be  distinctly  put  in  this  form,  "as  many  as  are  of 
opinion  that,  (as  the  case  may  be,)  say  "aye,"  and  after  the  affirma- 
tive voice  is  expressed,  "as  many  as  are  of  the  contrary  opinion,  say 
no."     If  the  President  doubt,  or  a  division  be  called  for,  the  Conven- 
tion shall  divide  ;  those  in  the  affirmative  of  the  question  shall  first  rise 
from  their  seats,  afterwards  those  in  the  negative. 


24 

5.  The  President  shall  examine  and  correct  the  journal  before  it  is 
read.       He  shall  have  the  right  to  name  any  member  to  perform  the 
duties  of  the  chair,  but  such  substitution  shall  not  extend  beyond  an 
adjournment. 

6.  All  committees  shall  be  appointed  by  the  President,  unless  other- 
wise specially  ordered  by  the  Convention,  in  which  case  they  shall  be 
elected  viva  voce. 

7.  The  first  named  member  of  any  committee  shall  be  its  chairman, 
and  in  his  absence,  or  being  excused  by  the  Convention,  the  next  named 
member,  and  so  on,  unless  the  committee,  by  a  majority  of  their  num- 
ber, elect  a  chairman. 

8.  All   addresses  and  motions  shall  be  made  to  the  President ;  the 
member  rising  from  his  seat  for  that  purpose,  and  shall  confine  himself 
to  the  question  under  debate,  and  avoid  personality. 

9.  On  any  question  the  yea  nd  nays  shall  be  taken  if  requested  by 
two  members 

10.  When   a  question  is  under  debate,   no  motion  shall  be  received 
but  to   adjourn,  to  lie  on  the  table,  for  the  previous  question,  to  post- 
pone to  a  day  certain,  to  commit  or  amend,  to  postpone  indefinitely ; 
which  several  motions  shall  have  precedence  in  the  order  in  which  they 
are  arranged. 

11.  A  motion  to  adjourn,  and  a  motion  to  fix  a  day  on  which  the 
Convention  shall  adjourn,  shall   always   be  in  order.      The  motion  to 
adjourn  and  the  motion  to  lie  on  the  table  shall  be  decided  without  de- 
bate. 

12.  The   previous  question  shall  be  put  in  this  form, — "shall  the 
main  question  now  be  put?"     It  shall  only  be  admitted  when  demanded 
by  a  majority  of  the  members  present,  and  its  effect  shall  be  to  put  an 
end  to  all  debate,  and  bring  the  Convetion  to  a  direct  vote  upon  amend- 
ments reported  by  a  committee,  if  any,  then  upon  pending  amendments, 
and  then  upon  the  main  question  ;  on  a  motion  for  the  previous  ques- 
tion, and  prior  to  demanding  the  same,  a  call  of  the  Convention  shall 
be  in  order,  but  after  a  majority  shall  have  demanded  such  motion,  no 
call  shall  be  in  order  prior  to  the  decision  of  the  main  question. 

13.  All  incidental  questions  of  order  arising  after  a  motion  is  made 
for  the  previous  question,  and  pending  such  motion,  shall  be  decided  by 
the  President  without  debate,  but  subject  to  an  appeal. 

14.  When  a  motion  has  been  made  and  carried  in  the  affirmative  or 
negative,  it  shall  be  in  order  for  any  member  voting  with  the  majority 


25 

to  move  for  a  reconsideration  thereof,  on  the  same  or  succeeding  day 
of  the  sitting  of  the  Convention,  and  such  motion  shall  take  precedence 
•of  all  other  motions,  except  the  motion  to-  adjourn. 

15.  The  rules  of  parliamentary  practice  comprise!  in  Jefferson's 
Manual,  shall  govern  the  Convention  in  all  cases  in  which  they  are  ap- 
plicable, and  in  which  they  are  not  inconsistent  with  the  standing  rules 
and  orders  of  the  Convention. 

W.  PENN  CLARKE, 

Chairman. 

The  report  of:  the  committee  was  accepted,  and 

On  motion  of  Mr.  Johnston,  it  was  laid  upon  the  table  for  the 
present. 

Mr.  Clarke,  of  Henry,  from  the  Committee  on  Standing  Committees, 
made  the  following 

REPORT. 

The  Committee  on  Standing  Committees  for  the  Convention,  report- 
That  there  be  twelve  committees  of  five  each,  to  be  appointed  by  the 
President,  viz: 

1st.   On  Preamble  and  Bill  of  Rights. 

2nd.   On  Right  of  Suffrage  ; 

3d.  On  Destribution  of  Powers  and  Legislative  Department ; 

4th.   On  Executive  Department  ; 

5th.   On  Judicial  Department ; 

6th.   On  Militia ; 

7th.  On  Staje  Debts ; 

8th.   On  Incorporations  ; 

9th.   On  Education  and  School  Lands  ; 

10th.   On  Amendments  to  the  Constitution  ; 

llth.  On  Miscellaneous  Matter  ; 

12th.  On  Schedule  ; 

Intending  hereby  to  provide  a  Standing  Committee  for  each  separate 
article  of  the  Constitution,  to  which  appropriate  Committee  the  same 
shall  be  referred,  together  with  such  other  matters  as  shall  relate  to  the 
same. 

R.  L.  B.  CLARKE, 

Chairman. 

Which  report  was  adopted. 
2* 


26 

The  President  then  appointed  the  Standing  Committees  as  follows  : 

On  Preamble  and  Bill  of  Rights— Messrs.  Ells,  Day,  Winchester, 
Cotton  and  Clark  of  Alamakee. 

On  Right  of:  Suffrage — Messrs.  Edwards,  Patterson,  Gower,  Harris 
and  Hollingsworth. 

On  Distribution  of  Powers  and  Legislative  Department — Messrs. 
Parvin,  Johnston,  Traer,  Emerson  and  Seely. 

On  Executive  Department — Messrs.  Todhunter,  Ayers,  Marvin,  Price 
and  Gray. 

On  Judicial  Department — Messrs.  Clarke,  of  Johnson,  Solomon, 
Wilson,  Hall  and  Clarke,  of  Henry. 

On  Militia — Messrs.  Skiff,  Gillaspy,  Hollingsworth,  Hall  and  Pat- 
terson. 

On  State  Debts — Messrs.  Wilson,  Gibson,  Warren,  Ayers  and 
Scott. 

On  Incorporations — Messrs.  Clarke,  of  Henry,  Skiff,  Johnston, 
Parvin  and  Emerson. 

On  Education  and  School  Lands — Messrs.  Marvin,  Hall,  Edwards, 
Ells  and  Harris. 

On  Amendments  to  the  Constitution — Messrs.  Warren,  Clark,  of 
Alamakee,  Banker,  Day  and  Gibson. 

On  Miscellaneous  Matter — Messrs.  Bunker,  Palmer,  Clarke,  of  John- 
son, Traer  and  Robinson. 

On  Schedule — Messrs.  Young,  Gillaspy,  Todhunter,  Gray  and 
Cotton. 

Mr.  Todhunter  offered  the  following  resolution : 

Resolved,  That  the  Secretary  of  this  Convention  make  an  arrange- 
ment with  the  Post  Master,  for  the  payment  of  postago  ef  the  members 
and  officers  of  this  Convention,  in  the  same  manner  as  has  been  here- 
tofore made  with  the  General  Assembly  of  this  State  ; 

Which  resolution  was  adopted. 

Mr.  Skiff  moved  to  take  up  the  subject  which  was  laid  on  the  table 
until  this  morning,  relative  to  the  invitations  of  the  cities  of  Dubuque 
and  Davenport : 

Which  was  agreed  to. 

Mr.  Skiff  moved  to  reconsider  the  vote,  by  which  the  resolution  as 
reported  by  the  Committee  and  subsequently  amended,  was  adopted. 

Mr.  Winchester  moved  that  the  whole  subject  be  indefinitely  post- 
poned. 


27 


Upon  this  question  the  yeas  and  nays  were   demanded,  and  it  was 
decided  in  the  affirmative,  as  follows  : 


YEAS. 

Messrs.  Ayers, 
Bunker, 

Clarke,  of  Johnson, 
Clark,  of  Alamakee, 
Edwards, 
Gibson, 
Gower, 
Gray, 
Harris, 
Hollingsworth, 

NAYS. 

Messrs.   Clarke,  of  Henry, 
Cotton, 

v*y? 

Ells, 

Emerson, 
Gillaspy, 
Hall,    ' 
Johnston, 


Messrs.  Marvin, 
Palmer, 
Parvin, 
Skiff, 

Todhunter, 
Traer, 
Wilson, 
Winchester, 
Young, 
Springer,  (P.)  20. 


Messrs.  Patterson, 
Peters, 
Price, 
Robinson, 
Scott, 
Seely, 
Solomon, 
Warren, — 16. 


Mr.  Clarke,  of  Johnson,  moved  that  a  committee  of  two  be  appoint- 
ed to  examine  the  Halls  which  have  been  offered  for  the  use  of  this  Con- 
vention, and  report  at  a  future  sitting  ; 

Which  motion  was  agreed  to,  and  the  Chair  appointed  Messrs.  Tod- 
hunter  and  Harris  said  Committee. 

Mr.  Patterson  offered  the  following  resolution  : 

flesolved.  That  the  President  of  this  Convention  be  and  is  hereby 
authorized  and  requested  to  invite  a  minister  to  open  this  Convention 
each  morning  with  prayer  ; 

Which  resolution  was  adopted. 

Mr.  Palmer  moved  to  take  up  the  resolution  which  was  laid  on  the 
table  yesterday,  relative  to  procuring  newspapers  for  the  members  of 
the  Convention  ; 

Which  motion  was  agreed  to. 

Said  resolution  having  been  read,  as  follows : 

Resolved  that  the  Secretary  of  this  Convention  be  instructed  to  pro- 
cure for  each  delegate  twenty-five  daily  newspapers,  or  their  equivalent 
in  other  newspapers,  at  the  option  of  the  delegates. 


28 

Mr.  Edwards  moved  to  amend  the  resolution  by  striking  out  "twenty- 
five  copies"  and  inserting  "five  copies  each  of  the  Iowa  City  Daily 
Republican  and  Capital*  Reporter:" 

Which  motion  was  not  agreed  to. 

Mr  Clark,  of  Alamakee,  moved  to  amend  the  resolution  by  inserting 
"ten"  instead  of  "twenty- five  ;" 
Which  motion  was  agreed  to, 
And  the  resolution,  as  amended,  was  adopted. 

Mr.  Emerson  offered  the  following  resolution  : 

Resolved,  That  H.  D.  La  Cossitt  be  admitted  to  a  seat  on  this  floor  as 
reporter  for  the  North  West,  published  at  Dubuque  : 
Which  was  adopted. 

Mr.  Wilson  moved  to  take  up  the  report  of  the  Committee  on  Rules, 
which  was  laid  on  the  table  this  morning  : 
Which  motion  was  agreed  to. 

Mr.  Clarke,  of  Johnson,  then  moved  to  amend  said  report,  by  incor- 
porating in  it  the  arrangement  of  the  Standing  Committees,  as  agreed 
upon  this  morning  : 

Which  motion  was  agreed  to, 

And  the  report,  as  amended,  was  adopted. 

Mr.  Clarke,  of  Johnson,  offered  the  following  resolution : 
Resolved,  That  John  Teesdale  be  employed  to  print  two  hundred 
copies  of  the  Rules  and  Standing  Committees  of  this  Convention  : 
Which  resolution  was  adopted. 

Mr.  Wilson  offered  the  following  resolution  : 

Resolved,  That  there  be  appended  to  the  printed  rules  of  this  Con- 
vention, a  list  of  the  names  of  members  and  officers,  together  with  the 
age,  occupation,  nativity  and  post-office  address  of  the  respective  mem- 
bers and  officers : 

Which  resolution  was  adopted. 

Mr.  Warren  offered  the  following  : 

Resolved,  That. P.  Moriarty  be  admitted  to  a  seat  on  this  floor  as 
reporter  for  the  Maquoketa  Excelsior : 
Which  resolution  was  adopted. 

Mr.  Clarke,  of  Johnson,  moved  that  the  various  subjects  embraced 
by  the  Constitution  of  this  State,  be  referred  appropriately  to  the  respec- 
tive Standing  Committees  : 

Which  motion  was  agreed  to. 


29 

Mr.  Wilson  offered  the  following,  and  moved  its  reference  to  the 
committee  on  the  Legislative  Department : 

Resolved,  That  it  is  expedient  to  amend  the  Sixteenth  Section  of 
Article  III  of  the  present  Constitution,  relating  to  the  Legislative  De- 
partment by  inserting  between  the  words  "other"  and  "and"  in  the 
fourth  line  of  said  section  the  following  words :  "and  on  the  final  pas- 
sage of  all  bills,  the  vote  shall  be  by  ayes  and  noes,  and  shall  be  entered 
on  the  Journal  ;  and  no  bill  shall  become  a  law  without  a  concurrence 
of  a  majority  of  all  the  members  elect  in  each  house." 

Which  was  agreed  to,  and  the  resolution  was  so  referred. 

Mr.  Clark,  of  Alamakee,  offered  the  following  resolution  : 

Resolved,  That  the  proprietor  of  any  newspaper  in  this  State  be 
entitled  to  have  a  reporter  in  this  Hall,  without  a  special  vote  for  that 
purpose : 

Which  was  adopted. 

Mr.  Gillaspy  offered  the  following  resolution : 

Resolved,  That  the  Convention  do  meet  in  this  Hall  until  otherwise 
ordered. 

Mr.  Wilson  moved  that  the  resolution  be  laid  on  the  table  ; 
Which  motion  was  not  agreed  to. 
The  resolution  was  then  adopted. 

On  motion  of  Mr.  Johnston, 

The  Convention  then  adjourned  until  ten  o'clock  to-morrow  morning  . 


30 


THURSDAY  MORNING,  JANUARY  22,  1857. 

At  ten  o'clock,  A.  M.,  the  President  took  the  Chair  and  called  the 
Convention  to  order. 

Prayer  was  offered  by  the  Rev.  Mr  Kynett. 

The  Journal  of  yesterday's  proceedings  was  read  by  the  Secretary 
and  approved. 

The  President  laid  before  the  Convention  the  following  correspon- 
dence : 

4 -IOWA  CITY,  IOWA, 

January  21,  1857. 
Dear  Sir: 

Being  authorized  by  a  resolution  of  the  Constitutional 
Convention  over  which  I  have  the  honor  to  preside,  to  "invite  a  minis- 
ter to  open  the  Convention  each  morning  with  prayer,"  I  take  pleasure 
in  inviting  you  to  act  in  the  capacity  of  chaplain  of  this  body. 
Very  respectfully j 

Your  Ob't  Serv't., 

FRANCIS  SPRINGER. 
REV.  Mr.  KYNETT,  Iowa  City,  Iowa." 

IOWA  CITY,  IOWA, 

January  21,  1857. 
HON.   FRANCIS  SPRINGER, 

President  of  the   Constitutional  Convention  : — 
DEAR  SIR: 

Your  note  inviting  me  to  act  as  chaplain  of  the  body 
over  which  you  preside,  is  receive^.     Grateful  for  the  confidence  repos- 
ed in  me,  I  shall  take  pleasure  in  serving  you  to  the  best  of  my  ability. 
Very  respectfully, 

Your  most  Ob't  Serv't., 

ALPHA  J.  KYNETT. 

The  President  laid  before  the  Convention  the  petition  of  George 
Freeley  and  eighty -three  others,  praying -that  the  basis  of  the  Illinois 
Banking  Law,  and  a  certain  form  of  township  organization  therein 
specified,  be  incorporated  in  the  Constitution  ; 


31 

Which  was  read,  and 

On  motion  of  Mr.  Wilson,  was  referred  to  the  Committee  on  Cor- 
porations. 

Mr.  Clarke,  of  Johnson,   offered  the  following : 

Resolved,  That  John  Teesdale  be  employed  to  do  the  incidental 
printing  of  the  Convention,  at  the  prices  now  paid  the  State  Printer 
for  similar  kinds  of  work  ; 

Which  resolution  was  adopted. 

Mr.  Clarke,  of  Johnson,  offered  the  following  resolution : 
Resolved,  That  John  Quaintance  be  appointed  Assistant  Fireman  of 

this  Convention,  whose  duty  it  shall  be  to  attend  to  the  committee 

rooms  ; 
Which  was  adopted. 

The  committee  appointed  to  examine  the  Halls  which  have  been  offer- 
ed for  the  use  of  the  Convention  made  the  following 

REPORT. 

The  committee  appointed  to  examine  the  Halls  tendered  by  the  city 
authorities  of  Iowa  City  for  the  use  of  this  Convention,  have  attended 
to  that  duty,  and  beg  leave  to  report  that  in  the  opinion  of  your  com- 
mittee it  is  inexpedient  to  remove  to  either  of  said  Halls. 

A.  HARRIS,        )  p 
LEWIS  TODHUNTER.  \  L 

Which  report  was  Deceived  and  the  committee  discharged. 

A  resolution  having  been  adopted  yesterday,  subsequent  to  the  ap- 
pointment of  the  committee,  relative  to  the  subject  of  a  place  of  meet- 
ing, further  action  upon  the  report  was  deemed  unnecessary. 

Mr.  Ells  offered  the  following  resolution  : 

Resolved,  That  the  standing  rules  of  this  Convention  be  amended  by 
striking  out  the  words  ''Jefferson's  Manual"  and  inserting  the  words 
"Cushing's  Manual:"  and  that  the  Secretary  of  State  furnish  each 
member  with  a  copy  of  Cushing's  Manual; 

Which  resolution  was  adopted. 

Mr.  Harris  moved  a  re- consideration  of  the  vote  of  yesterday  by 
which  the  number  of  newspapers  allotted  to  each  member  is  limited  to 
ten  dailies,  or  their  equivalent ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  with  the  fol- 
lowing result : 


32 

YEAS. 

Messrs.  Ajers,  Messrs.  Harris, 

Bunker,  Marvin, 

Clarke,  of  Henry,  Palmer, 

Clarke,  of  Johnson,  Peters, 

Ells,  Scott, 

Emerson,  Todhunter, 

Gibson,  Wilson, 
Gillaspy — 15. 

NAYS. 

Messrs.  Clark,  of  Alamakee,  Messrs.  Price, 

Cotton,  Robinson, 
Day,  Seely, 

Edwards,  Skiff, 

ftowejr,  Solomon, 

Gray,  Traer, 

Hall,  Warren, 

Hollingsworth,  Winchester, 

Parvin,  Young, 

Patterson,  Springer,  (P)20. 

So  the  motion  to  reconsider  was  not  agreed  to. 

Mr.  Hall  offered  the  following  resolution : 

Resolved,  That  the  Secretary  of  State  be  requested  to  furnish  this 
Convention  with  a  list  of  the  organized  Counties   in  this  State  ; 
Which  resolution  was  adopted. 

Mr.  Palmer  offered  the  following  as  an  addition  to  the  Rules  of  the 
Convention : 

""Previous  notice  of  one  day  shall  be  given  of  every  proposed  amend - 
imentito  these  rules  ;" 

Which  was  adopted. 

Mr .  Hall  offered  the  following  : 

Resolved,  That  the  Secretary  of  State  furnish  each  member  of  this 
'Convention  with  a  copy  of  Parker's  Sectional  Map  of  Iowa  in  pocket 
form ; 

Which  resolution  was  adopted. 

On  motion  of  Mr.  Parvin, 

The  Convention  then  adjourned  until  ten  o'clock  to-morrow  morning. 


FRIDAY  MORNING,  JANUARY  23,  1857. 

At  ten  o'clock,  A.  M.,  the  Convention  came  to  order,  the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  the  proceedings  of  yesterday  was  read  and  approved. 

Mr.  Clarke,  of  Johnson,  from  the  Committee  to  employ  a  Reporter 
and  report  a  plan  for  the  publication  of  the  Debates  and  Proceedings, 
made  the-  following 

REPORT. 

The  Committee  to  whom  was  referred  the  subject  of  employing  a 
Reporter  to  report  the  Proceedings  and  Debates,  etc.,  of  the  Convention, 
beg  leave  to  submit  the  following  additional  report : 

1.  That  three  thousand  copies  of  the  Proceedings  and  Debates  of 
this  Convention  be  published  in  book  form  to  correspond  in  size,  ap- 
pearance and  workmanship  with  the  Debates  of  the  Massachusetts  Con- 
stitutional Convention,  on  good  paper,  each  page  of  which  book  shall 
contain  at  least  three  thousand  ems  of  solid  matter. 

2.  That  it  shall  be  the  duty  of  the  Reporter  to  report  at  length  and 
accurately  the  proceedings  and  debates  of  the  Convention,  to  perform 
which  he  shall  employ  at  his  own  expense,  and  be  responsible  for,  the 
necessary  corps  of  Reporters,  and  that  the  report  of  each  day's  pro- 
ceedings of  the  Convention  shall  be  ready  for  delivery  to  the  Printer  as 
soon  as  the  same  can  be  written  out,  and  as  rapidly  as  he  may  require 
the  same. 

8.  That  the  Reporter  shall  be  allowed  as  a  full  compensation  for  his 
services  the  sum  of  three  dollars  per  page ;  and  the  President  is  hereby 
authorized,  from  time  to  time,  to  furnish  the  said  Reporter  the  neces- 
sary certificates  on  the  Auditor  of  State,  for  such  sums  of  money  as 
may  be  necessary  to  enable  the  said  officer  to  meet  his  necessary  expen- 
ditures, not  at  anytime  to  exceed  the  amount  of  labor  performed. 

4.  That  A.  P.  Luse  &  Co.  be  employed  to  print  and  bind  the  said 
Proceedings  and  Debates  ;  and  that  they  be  allowed  for  said  work  th« 
prices  now  paid  the  State  Printer  for  similar  kinds  of  work. 
3 


34 

5.  That  it  shall  be  the  duty  of  the  said  A.  P.  Luse  &  Co.,  within 
thirty  hours   (unavoidable  delays   excepted)  after  the  delivery  of  the 
copy  of  the  proceedings  and  debates  of  each  day  to  place  upon  the 
desk  of  each  member  of  the   Convention  &  proof  sheet  of  said  day's 
proceedings,  &c. 

6.  That  it  shall  be  the  duty  of  each  member  of  the  Convention  at 
once  to  examine  the  said  proof  sheets  and  correct  any  errors  that  may 
be  found  therein ;  and  the  said  proof  sheets  shall  then  be  returned  to 
the  said  printers,  to  make  the  necessary  corrections. 

7.  That  as  soon  thereafter  as  possible,  and  not  to  exceed  forty-eight 
hours,  after  the  return  of  said  proof-sheet,  the  said  A.  P.  Luse  &  Co., 

shall  print  on  a  good  quality  of  newspaper  paper copies  of 

each  form  of  said  proceedings  and  debates  for  each  member,  for  distri- 
bution, which  said  sheets  shall  be  placed  upon  the  desks  of  the  members 
without  delay,  after  which  the  said  printers  shall  proceed  to  print  the 
volume  above  provided  for,  without  delay. 

8.  That  the  President  of  the  Convention  be  authorized  to  draw  cer- 
tificates of  payment  in  favor  of  the  said  A.  P.  Luse  &  Co.,  on  the 
Auditor  of  State,  as  the  said  parties  may  require  means  to -prosecute 
the  work  ;  provided  that  the  payments  made  to  said  A.  P.  Luse  &  Co., 
during  the  progress  of  the  work,  shall  not  exceed  three-fourths  of  the 
value  or  amount  of  work  performed  ;  and  provided,  further,  that  if  the 
said  parties  fail  to  perform  the  said  work,  or  complete  the  same,  after 
the  same  has  been  commenced,  they  shall  forfeit  the  amount  due  for 
work  already  performed  and  unpaid  for ;  and  the  said  A.  P.  Luse  & 
Co.  shall  also  execute  to  the  State  a  bond  similar  to  that  required  of 
the  State  Printer. 

9.  That  it  shall  be  the  duty  of  the  Secretary  of  State,  to  furnish  the 
said  A.  P.  Luse  &  Co.,  with  the  necessary  paper  for  printing  the  said 
work  herein  specified,  as  the  same  may  be  required  by  the  said  printers, 

10.  That  the  said  volume  shall  be  bound  in  sheep  binding. 

11.  That  a  Committee  of  three  be  appointed  whose  duty  it  shall  be 
to  superintend  the  reporting  and  printing  of  the  said  Proceedings  and 
Debates. 

12.  The  said  work,  during  its  progress,  and  when  completed,  shall 
be  the  property  of  the  State  of  Iowa. 

R.  L.  B.  CLARKE,     ) 

J.  C.  HALL,  >  Committee. 

W.  PENN  CLiRKE.  S 


35 

Which  report  was  accepted,  and  on  motion,  was  laid  on  the  table, 
subject  to  the  order  of  the  Convention. 

Mr.  Johnston  offered  the  following,  and  moved  its  reference  to  the 
Committee  on  Distribution  of  Powers  and  Legislative  Department : 

Resolved,  That  the  Committee  on  Distribution  of  Powers  and  Leg- 
islative Department  be  instructed  to  inquire  into  the  expediency 

First — Of  amending  the  second  section  of  Article  No.  8,  of  the 
Constitution  of  Iowa,  by  providing  for  annual  sessions  of  the  General 
Assembly,  and  fixing  the  day  of  the  meeting  dn  the  first  Monday  of 
January  ; 

Second — Of  amending  the  third  section  of  Article  No.  3,  so  as  to 
provide  for  the  election  being  held  oh  the  Tuesday  after  the  first  Monday 
of  November  ; 

Third — Of  amending  section  No.  5  of  Article  No.  3  by  striking 
out  "twenty- five"  and  inserting  "twenty-one;"' 

Fourth — Of  amending  section  25  of  Article  No.  3  by  striking  out 
"two"  and  providing  that  the  per  diem  of  members  shall  be  three  dol- 
lars until  the  meeting  of  the  next  General  Assembly,  who  shall  be 
authorized  to  fix  the  per  diem  of  the  members  of  the  succeeding  Gen- 
eral Assembly  and  thereafter  that  the  per  diem  of  members  shall  be 
established  every  fifth  year ; 

Fifth — Of  amending  Article  3  by  striking  out  sections  26  and  27  ; 

Sixth — Of  amending  section  31  of  Article  No.  3  so  that  the  census 
shall  be  taken  by  the  authority  of  the  State  in  1865,  and  every  tenth 
year  thereafter,  and  then  that  the  apportionment  of  members  of  the 
General  Assembly  be  made  according  to  population ; 

Seventh — Of  amending  article  No.  3  by  striking  out  section  34  ; 

Eighth — Of  amending  Article  No.  3  by  adding  the  following  sec- 
tion : 

"No  bill  shall  be  passed  unless  by  the  assent  of  a  majority  of  all  the 
members  elected  to  each  branch  of  the  General  Assembly,  and  the 
question  upon  the  final  passage  shall  be  taken  immediately  upon  its  last 
reading,  and  the  yeas  and  nays  entered  on  the  Journal." 

Ninth — Of  amending  Article  No.  3  by  adding  the  following  section  : 
"The  assent  of  the  two-thirds  of  the  members  elected  to  each  branch 
of  the  General  Assembly,  shall  be  requisite  to  every  bill  appropriating 
the  public  money,  or  property  for  local  or  private  purposes ;" 

Which  was  adopted,  and  the  Resolution  of  Inquiry  was  so  referred. 


36 

Mr.  Clarke,  of  Johnson,  offered  the  following  and  moved  its  refer- 
ence to  the  Committee  on  Judicial  Department : 

Resolved,  That  the  Committee  on  the  Judicial  Department  be  in- 
structed to  inquire  into  the  expediency  of  limiting  for  a  period  of 
years,  the  number  of  Judges  of  the  District  Court,  fixing  their  salaries, 
apportioning  the  State  into  Judicial  Districts,  and  providing  for  a  re- 
apportionment  every  five  years  ; 

Which    was  adopted  and  the  Resolution  of  Inquiry  was  so  referred. 

Mr.  Traer  offered  the  following  and  moved  its  reference  to  the  Com- 
mittee on  Amendments  to  the  Constitution  : 

Resolved,  That  the  Committee  to  whom  was  referred  so  much  of  the 
Constitution  as  refers  to  amending  the  same,  be  instructed  to  inquire 
into  the  expediency  of  so  amending  the  Constitution  as  to  provide  for  a 
vote  for  or  against  holding  a  Convention  to  amend  the  Constitution  at 
least  once  in  ten  years  ; 

Which  was  adopted,  and  the  Resolution  of  Inquiry  was  so  referred. 

Mr.  Patterson  offered  the  following  resolution : 

Resolved,  That  the  use  of  this  room  be  given  to  the  State  Coloniza- 
tion Society  this  evening  ; 
Which  was  adopted. 

Mr.  Todhunter  offered  the  following  resolution: 

Resolved,  That  the  Secretary  of  State  be  and  he  is  hereby  required  to 
furnish  each  Delegate  with  an  abstract  of  the  Census  of  each  organiz- 
ed county  of  the  State  of  Iowa ; 

Which  was  adopted. 

Mr.  Clarke,  of  Johnson,  moved  to  take  up  the  report  of  the  Com- 
mittee to  employ  a  Reporter  and  report  a  plan  for  the  publication  of  the 
Debates  and  Proceedings,  which  was  laid  on  the  table  this  morning,  sub- 
ject to  the  order  of  the  Convention  ; 

Which  motion  was  agreed  to. 

Mr.  Traer  moved  to  fill  up  the  blank  in  the  seventh  section  of  said 
report  by  inserting  the  words  utAventy-five  ;" 

Mi\  Harris  moved  to  fill  up  said  blank  by  inserting  the  word  "fifty  ;" 
and 

Mr.  Young  moved  to  fill  up  said  blank  by  inserting  the  word  "ten." 

Upon  the  question  of  agreeing  to  the  motion  of  Mr.  Hams  to  fill  up 
said  blank  by  inserting  the  word  "fifty,"  the  yeas  and  nays  were  dt>- 
inanded,  and  it  was  decided  in  the  negative  as  follows  : 


37 


YEAS. 
Messrs.  Clarke,  of  Henry, 

Clark,  of  Alamakee, 
Edwards, 

Scott— 7. 

NAYS. 

Messrs.  Ayers, 
Bunker, 

Clarke,  of  Johnson, 
Cotton, 
Day, 
Ells, 

Emerson, 
Gibson, 
Gillaspy, 
Gower, 
Hall, 

Hollingsworth, 
Johnston, 
Patterson, 


Messrs.  Harris, 
Marvin, 
Palmer, 


Messrs.  Parvin, 
Peters, 
Price, 
Robinson, 
Seely,' 
Skiff, 
Solomon, 
Todhunter, 
Traer, 
Warren, 
Wilson, 
Winchester, 
Young, 
Springer(P.)28. 


Upon  the  question  of  agreeing  to  the  motion  of  Mr.  Traer  to  fill  up 
said  blank  by  inserting  the  words  " twenty- five,"  the  yeas  and  nays 
were  demanded,  and  it  was  decided  in  the  affirmative,  as  follows  : 


YEAS. 

Messrs.  Ayers,                              Messrs. 

Harris, 

Bunker, 

Johnston, 

Clarke,  of  Henry, 

Marvin, 

Clarke,  of  Johnson, 

Palmer, 

Clark,  of  Alamakee, 

Price, 

Cotton, 

Robinson, 

Day, 

Scott, 

Edwards, 

Seely, 

Ells, 

Skiff, 

Emerson, 

Solomon, 

Gibson, 

Todhunter, 

Gillaspy, 

Traer, 

Gower, 

Warren, 

Winchester  —  27. 

NAYS. 

Messrs.  Hall  ,                                  Messrs  . 

Peters, 

Hollingsworth, 

Wilson, 

Parvin, 

Young, 

Patterson, 

Springer,  (P.  )-8. 

38 

The  -report  as  amended  was  then  adopted  and  the  Committee  dis- 
charged. 

Mr.  Gibson  offered  the  following  and  moved  its  reference  to  the  Com- 
mittee on  State  Debts : 

Resolved,  That  the  Committee  on  State  Debts  be  requested  to  in- 
quire into  the  expediency  of  so  amending  the  Constitution  that  the  en- 
tire indebtedness  of  this  State  shall  not  exceed  Five  Hundred  Thousand 
Dollars  for  the  next  ten  years  ; 

Which  was  adopted  and  the  Resolution  of  Inquiry  was  so  referred. 

Mr.  Wilson  offered  the  following  and  moved  its  reference  to  the  Com- 
mittee on  Amendments  to  the  Constitution : 

Resolved,  That  the  Committee  to  which  was  referred  Art.  10  of  the 
Constitution  be  instructed  to  inquire  into  the  expediency  of  so  amending 
said  article  as  to  embody  in  it  the  following  proposition : 

Any  amendment  or  amendments  to  the  Constitution  may  be  proposed 
in  either  house  of  the  General  Assembly ;  and  if  the  same  shall  bo 
agreed  to  by  a  majority  of  the  members  elected  to  each  of  the  two  houses 
and  such  proposed  amendment  or  amendments  shall  be  entered  on  their 
Journals  with  the  yeas  and  nays  taken  thereon,  and  referred  to  the  Leg- 
islature to  be  chosen  at  the  next  general  election  of  members  of  the 
General  Assembly  and  shall  be  published  in  at  least  one  newspaper  in 
every  county  where  such  papers  may  be  published  for  two  months  previ- 
ous to  such  election,  and  if  the  General  Assembly  so  chosen  shall  agree 
to  the  proposed  amendment  or  amendments  by  a  majority  of  all  the 
members  elected  to  each  house,  then  it  shall  be  the  duty  of  the  Legisla- 
ture to  submit  such  proposed  amendment  or  amendments  to  the  people 
in  such  manner  and  at  such  time  as  the  Legislature  may  prescribe,  pro- 
vided such  submission  shall  provide  for  a  vote  of  the  people  before  the 
meeting  of  the  next  session  of  the  Legislature  ;  and  if  the  people  shall 
approve  and  ratify  such  amendment  or  amendments  by  a  majority  of  all 
the  votes  cast  at  such  election,  voting  thereon,  such  amendment  or 
amendments  shall  become  a  part  of  the  Constitution ; 

Which  was  adopted,  and  the  Resolution  of  Inquiry  was  so  referred. 

Mr.  Clarke,  of  Henry,  gave  notice  that  to-morrow  or  on  some  future 
day  he  would  move  to  amend  the  Rules  by  adding  the  following : 

Resolutions  of  instructions  to  committees  shall  lie  upon  the  table  one 
day  before  reference  and  be  debateable.  Resolutions,  petitions,  and 
memorials,  praying  or  suggesting  amendments  to  the  Constitution  shall 
be  referred  to  their  appropriate  committees  without  debate. 

Mr.  Parvin  offered  the  following  and  moved  its  reference  to  the  Com- 
mittee on  State  Debts : 


39 

Resolved,  That  the  Committee  on  State  Debts  be  requested  to  in- 
quire into  the  expediency  of  preventing  Counties  and  Cities  from  cre- 
ating a  debt  for  the  purpose  of  aiding  incorporated  companies  in  works 
of  Internal  Improvement ; 

Which  was  adopted,  and  the  Resolution  of  Inquiry  was  so  referred. 

Mr.  Todhuntei-  offered  the  following  and  moved  its  reference  to  the 
Committee  on  Distribution  of  Powers  and  Legislative  Department : 

Resolved,  That  the  Committee  on  Legislative  Department  be  request- 
ed to  inquire  into  the  expediency  of  having  the  Constitution  so  amended 
as  to  provide  that  every  bill  or  resolution  which  shall  have  passed  both 
branches  of  the  Legislature  shall  before  it  becomes  a  law  be  presented 
to  the  Governor ;  if  he  approve,  he  shall  sign  it,  if  not  he  shall  return 
it  with  his  objections  to  the  house  in  which  it  shall  have  originated,  who 
shall  enter  the  objections  at  large  upon  their  Journal  and  if  it  be  not 
repassed  by  a  majority  of  all  the  members  elect  of  each  branch,  the 
Bame  shall  not  become  a  law  ; 

Which  was  adopted,  and  the  Resolution  of  Inquiry  was  so  referred. 

Mr.  Clarke,  of  Johnson,  offered  the  following : 

Resolved,  That  the  Reporter  be  instructed  to  omit  from  the  Report 
of  Debates  the  debate  on  the  subject  of  removal  of  the  Convention ; 

Which  resolution  was  not  agreed  to. 


On  motion  of  Mr.  Emerson, 

The  Convention  adjourned  until  Monday  afternoon  next  at  2  o'clock 
P.  M. 


40 


MONDAY  AFTERNOON,  JANUARY  26,  1857. 

At  two  o'clock,  P.  M.,  the  President  called  the  Convention  to  order. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  Friday's  proceedings  was  read  and  approved. 

Mr.  Edwards,  from  the  Committee  on  Right  of  Suffrage,  made  the 
following 

REPORT. 

The  committee  to  whom  was  referred  that  portion  of  the  Constitution 
relating  to  the  right  of  suffrage,  have  had  that  subject  under  considera- 
tion and  have  unanimously  instructed  me  to  report  the  same  back  with- 
out amendment  and  recommend  its  adoption  by  this  Convention,  as 
follows : 

ARTICLE  II. — Right  of  Suffrage. 

1.  Every  white  male  citizen  of   the  United  States  of  the  age  of 
twenty- one  years,  who  shall  have  been  a  resident  of  the    State  six 
months  next  preceding  .the  election,  and  the  county  in  which  he  claims 
his  vote  twenty  days,  shall  be  entitled  to  a  vote  at  all  elections  which  are 
now  or  hereafter  may  be  authorized  by  law. 

2.  Electors  shall,  in  all  cases  except  treason,  felony,  or  breach  of  the 
peace,  be  privileged  from  arrest  on  the  days  of  election,  during  their 
attendance  at  such  election,  going  to  and  returning  therefrom. 

3.  No  elector  shall  be  obliged  to  perform  militia  duty  on  the  day  of 
election,  except  in  time  of  war  or  public"  danger. 

4.  No  person  in  the  military,  naval,  or  marine  service  of  the  United 
States  shall  be  considered  a  resident  of  this  State  by  being  stationed  in 
any  garrison,  barrack,  or  military  or  naval  place  or  station  within  this 
State. 

5.  No  idiot  or  insane  person,  or  person  convicted  of  any  infamous 
crime,  shall  be  entitled  to  the  privilege  of  an  elector. 

6.  All  elections  by  the  people  shall  be  by  ballot. 

JOHN  EDWARDS,  Chairman. 


41 

Which  report  having  been  read,  it  was  ordered  to  lie  on  the  table  and 
that  one  hundred  copies  to  be  printed  for  the  use  of  the  Convention. 

Mr.  Warren,  from  the  Committee  on  Amendments  to  the  Constitution, 
presented  the  following 

REPORT. 

The  Standing  Committee  upon  Future  Amendments  to  the  Constitu- 
tion, have  had  the  same  under  consideration;  a  majority  of  said  com- 
mittee ask  leave  to  report  and  recommend  the  following  sections  to  the 
favorable  consideration  of  the  Convention : 

1.  Any  amendment  or  amendments  to  this  Constitution  may  be  pro- 
posed in  either  house  of  the  General  Assembly,  and  if  the  same  shall 
be  agreed  to   by  a  majority  of  the  members  elected  to  each  of  the  two 
iouses,   such  proposed  amendment  shall  be  entered  on  their  Journals 
with  the  yeas  and  nays  taken  thereon,  and  referred  to  the  Legislature  to 
be  chosen  at  the  next  general  election  and  shall  be  published  as  provided 
by  law  for  three  months  previous  to  the  time  of  making  such  choice : 
and  if,  in  the  General  Assembly  so  next  chosen  as  aforesaid,  such  pro- 
posed amendment  or  amendments  shall  be  agreed  to  by  a  majority  of  all 
the  members  elected  to  each  house,  then  it  shall  be  the  duty  of  the  Gen- 
eral Assembly  to  submit  such  proposed  amendment  or  amendments  to 
the  people  in  such  manner  and  at  such  time  as  the  General  Assembly 
shall  provide ;    and  if   the  people  shall  approve   of   and  ratify  such 
amendment  or  amendments  by  a  majority  of  the  electors  qualified  to 
vote  for  members  of  the  General  Assembly  voting  thereon,  such  amend- 
ment or  amendments  shall  become  a  part  of  the  Constitution  of  this 
State. 

2.  At  the  general  election  to  be  held  in  the  year  One  Thousand 
Eight  Hundred  and  Sixty-seven  and  in  each  tenth  year  thereafter,  and 
also  at  such  times  as  the  General  Assembly  may  by  law  provide,  the 
question  shall  there  be  a  convention  to  revise  the  Constitution  and  amend 
the  same,  and  shall  be  decided  by  the  electors  qualified  to  vote  for  mem- 
bers of  the  General  Assembly :  and  in  case  a  majority  of  the  electors 
so  qualified  voting  at  such  election,  shall  decide  in  favor  of  a  Convention 
for  such  purpose,  the  General  Assembly  at  its  next  session,  shall  pro- 
vide by  law  for  the  election  of  delegates  to  such  Convention. 

W.  A.  WARREN,  (Chairman.) 
JNO.  T.  CLARKE, 
DAVID  BUNKER. 

Which  report  was  read,  ordered  to  be  laid  on  the  table,  and  that  one 
hundred  copies  be  printed  for  the  use  of  the  Convention. 


42 

Mr..  Parvin,  from  the  Committee  on  Distribution  of  Powers  and  Leg- 
islative Department,  made  the  following 

REPORT. 

The  committee  on  the  Distribution  of  Powers  and  Legislative  Depart- 
ment ask  leave  to  report  so  far  as  relates  to  the  former : 

Your  committee  have  had  the  subject  of  the  Distribution  of  Powers 
ef  the  State  Government  under  consideration  and  have  instructed  me  to 
report  the  same  as  exists  in  our  present  Constitution  without  amend- 
ment, as  follows : 

ARTICLE  III — Of  the  Distribution  of  Powers. 

1.  The  powers  of  the  government  of  Iowa  shall  be  divided  into  three 
ueparate  departments :  The  Legislative,  the  Executive  and  the  Judicial ; 
and  no  person  charged  with  the  exercise  of  powers  properly  belonging 
to  one  of  these  departments  shall  exercise  any  function  appertaining  to 
either  of  the  others,  except  in  cases  hereinafter  expressly  directed  or 
permitted. 

J.  A.  PARVIN, 

Chairman. 
Which  report  was  read  and  ordered  to  lie  on  the  table. 

Mr.  Warren  moved  to  reconsider  the  vote  by  which  the  Report  of  the 
€ommittee  on  Right  of  Suffrage  was  ordered  to  be  printed  ; 
Which  motion  was  agreed  to. 

Mr.  Johnston  then  moved  that  the  motion  to  print  said  report  be  laid 
on  the  table ; 

Which  motion  was  agreed  to. 

Mr.  Cotton  moved  that  the  Convention  do  now  take  up  and  proceed 
to  the  consideration  of  the  report  of  the  committee  on  Distribution  of 
Powers  and  Legislative  Department ; 

Which  motion  was  agreed  to. 

Mr.  Cotton  then  moved  that  said  report  be  adopted. 

After  some  discussion, 

On  motion  of  Mr.  Wilson, 

The  report  was  again  laid  on  the  table. 

Mr.  Traer  gave  notice  that  to-morrow,  or  on  some  future  day,  he  would 
introduce  a  resolution  to  amend  the  Rules,  so  as  to  require  a  proposition 
to  be  read  three  times  on  three  different  days  before  being  passed 
finally. 


43 

• 

Mr.  Wilson  offered  the  following  and  moved  its  reference  to  the  Com- 
mittee on  Incorporations : 

Resolved,  That  the  committee  on  Corporations  be  instructed  to  in- 
quire into  the  expediency  of  amending  Art.  8  of  the  Constitution  by 
adding  thereto  the  following  section : 

Section  — .  The  property  of  corporations  now  existing  or  hereafter 
created  shall  forever  be  subject  to  taxation  the  same  as  the  property  of 
individuals  ; 

Which  was  adopted  and  the  Resolution  of  Inquiry  was  so  referred. 

Mr.  Wilson  also  offered  the  following  and  moved  its  reference  to  the 
committee  on  Distribution  of  Powers  and  Legislative  Department ; 

Resolved,  That  the  Committee  on  the  Legislative  Department  be  in- 
structed to  inquire  into  the  expediency  of  amending  that  portion  of  Art. 
8  of  the  Constitution  which  relates  to  the  Legislative  Department  by 
adding  to  said  Article  the  following  section : 

Section — .  No  extra  compensation  shall  be  made  to  any  officer,  pub- 
lic agent,  or  contractor,  after  the  service  shall  have  been  rendered  or 
the  contract  entered  into  : .  nor  shall  any  money  be  paid  on  any  claim, 
the  subject  matter  of  which  shall  not  have  been  provided  for  by  pre- 
existing law  unless  such  compensation  or  claim  be  allowed  by  two-thirds 
of  the  members  elected  to  each  branch  of  the  General  Assembly  ; 

Which  was  adopted,  and  the  Resolution  of  Inquiry  was  so  referred. 

Mr.  Edwards  offered  the  following  and  moved  its  reference  to  the 
committee  on  Judicial  Department : 

Resolved,  That  the  committee  on  the  Judicial  Department  be  in- 
structed to  inquire  into  the  expediency  of  providing  for  the  election  of 
District  Attorneys  in  lieu  of:  county  Prosecuting  Attorneys  ;  also  to 
provide  for  the  election  of  the  Supreme  Judges  by  the  people ; 

Which  was  adopted,  and  the  Resolution  of  Inquiry  was  so  referred. 

Mr.  Clarke,  of  Johnson,  offered  the  following  resolution : 

Resolved,  That  the  Secretary  of  State  be  requested  to  furnish  the 
committee  on  the  Judicial  Department  a  statement  showing  the  number 
of  Judicial  Districts  in  this  State  under  the  laws  now  in  force,  and  those 
created  by  the  Acts  passed  at  the  present  session — when  the  terms  of  the 
present  judges  expire- — the  number  of  counties  in  each  Judicial  District 
and  the  number  of  inhabitants  in  each  county,  in  each  of  said  districts  ; 

Which  resolution  was  adopted. 

Mr.  Bunker  offered  the  following  resolution  and  moved  its  reference 
to  the  committee  on  Incorporations  : 


44 

Resolved,  That  the  Committee  ©n  Incorporations  be  requested  to  in- 
quire into  the  expediency  of  so  amending  the  Constitution  as  to  author- 
ize the  Legislature  to  provide  for  the  organization  of  a  State  Bank  and 
branches  ; 

Which  was  adopted,  and  the  Resolution  of  Inquiry  was  so  referred. 

Mr.  Solomon  offered  the  following  and  moved  its  reference  to  the 
committee  on  Incorporations : 

Resolved,  That  the  committee  on  Incorporations  be  requested  to  in- 
quire into  the  expediency  of  making  the  following  or  its  equivalent  a 
part  of  the  Constitution,  to  wit : 

"The  power  of  issuing  paper  money  shall  not  be  granted  by  this  State;" 

Which  was  adopted,  and  the  Resolution  of  Inquiry  was  so  referred. 

Mr.  Clark,  of  Alamakee,  offered  the  following,  and  moved  its  refer- 
ence to  the  Committee  on  Incorporations  : 

Resolved,  That  the  Committee  on  Incorporations  be  instructed  to 
inquire  into  the  propriety  of  so  amending  the  Constitution  as  to  allow 
the  General  Assembly  to  pass  a  General  Banking  Law  ; 

Which  was  adopted,  and  the  Resolution  of  Inquiry  was  so  referred. 

Mr.  Clarke,  of  Henry,  offered  the  following : 

Resolved,  That  this  Convention  consider  the  expediency  of  amend- 
ing Article  4  by  providing  for  the  election  of  a  Lieutenant  Governor, 
who,  by  virtue  of  his  office,  shall  preside  over  the  Senate,  having  the 
right  to  debate  in  Committee  of  the  Whole  and  of  a  casting  vote  in 
cases  of  a  tie,  and  who  shall  exercise  all  the  powers  and  have  the  title 
of  Governor  in  case  that  office  becomes  vacant  by  death  or  other  cause; 

Which  said  resolution, 

On  motion,  was  referred  to  the  Committee  on  Executive  Department. 

Mr.  Price  offered  the  following  and  moved  its  reference  to  the  Com- 
mittee on  Executive  Department : 

Resolved,  That  the  Committee  on  Executive  Department  be  request- 
ed to  take  under  consideration  the  propriety 

1st.  Of  limiting  the  term  of  office  of  the  Executive  to  two  years — 
2d.  The  creation  of  the  office  of  Lieutenant  Governor — 
3d.  Restriction  and  qualification  of  the  Pardoning  Power — 
4th.  Election  by  the  people  of  all  State  officers  and  regulating  the 
succession  to  office  in  case  of  removal  or  other  disability — 

5th.  Restricting  legislative  action  wherever  the  Legislature  may  be 
specially  called  together  to  the  passage  of  such  acts  alone  as  are  refer- 
red to  in  the  message  of  the  Executive,  thus  specially  convening  them ; 
Which  was  adopted,  and  the  Resolution  of  Inquiry  was  so  referred. 


45 

Mr.  Solomon  offered  the  following  and  moved  its  reference  to  tht 
committee  on  Preamble  and  Bill  of  Rights  : 

Resolved,  That  the  committee  on  Preamble  and  Bill  of  Rights  be 
requested  to  consider  the  expediency  of  adopting  the  following,  or  its 
equivalent,  as  a  section  in  the  Bill  of  Rights,  to  wit : — 

"No  law  shall  be  passed  prohibiting  the  manufacture  or  traffic  in 
property  which  is  a  production  of  this  State,  or  a  legitimate  article  of 
traffic  with  other  States  and  foreign  nations — or  destroying,  or,  in  any 
manner  impairing  the  right  of  property  therein  ;" 

Which  was  adopted,  and  the  Resolution  of  Inquiry  was  so  referred. 

Mr.  Clarke,  of  Johnson,  offered  the  following,  and  moved  its  refer- 
ence to  the  committee  on  Right  of  Suffrage : 

Resolved,  That  the  Committee  on  Suffrage  be  instructed  to  inquire 
into  the  expediency  of  providing  that  all  elections  in  this  State  shall  be 
holden  on  some  other  than  the  second  day  of  the  week  ; 

Which  was  adopted,  and  the  Resolution  of  Inquiry  was  so  referred. 

Mr.  Johnston  offered  the  following  and  moved  its  reference  to  the 
Committee  on  Education  and  School  Lands : 

Resolved,  That  the  Committee  on  Education  and  School  Lands  be 
directed  to  inquire  into  the  expediency  of  amending  Art.  9th,  of  the 
Constitution  of  Iowa — 

First — By  providing  that  there  be  directed  either  by  election  or  ap- 
pointment of  a  Board  of  Education  consisting  of  ten  or  twelve  person 
residing  in  different  parts  of  the  State  who  are  interested  in,  and  fa- 
milar  with  the  subject  of  Education  ;  that  they  shall  be  paid  their  nec- 
essary traveling  expenses  and  a  per  diem  not  exceeding  three  dollars  for 
four  meetings  in  each  year,  and  of  not  more  than  three  days  each  ;  that 
they'  shall  be  the  Trustees  of  the  State  University  and  have  the  general 
charge  of  the  common  arid  other  public  schools  of  the  State  ;  that  they 
shall  have  power  to  appoint  a  Secretary  of  their  Board,  who  shall  be  their 
general  executive  agent  and  required  to  perform  such  duties  in  connec- 
tion with  the  Public  Schools  and  education  of  the  State,  as  the  Board  may 
assign  to  him  ;  and  that  the  office  of  Superintendent  of  Public  Instruc- 
tion be  abolished. 

Second — By  providing  for  the  gradual  withdrawal  of  the  School 
Funds  from  the  hands  of  the  School  Fund  Commissioners  and  directing 
the  General  Assembly  to  provide  for  the  investment  of  said  funds  in 
the  bonds  of  the  United  States  or  of  solvent  interest-paying  States. 

Third — By  providing  that  the  entire  University  Fund  of  the  State 
shall  be  directed  to  the  support  of  a  State  University,  one  and  in- 
divisible. 


46 
Fourth — By  providing  that  the  State  University  shall  be  .located  afc 


Which  was  adopted,  and  the  Resolution  of  Inquiry  was  so  referred. 

Mr.  Trasr  moved  a  re-consideration  of  the  vote  by  which  the  report 
of  the  committee  to  employ  a  Reporter  and  report  a  plan  for  the  pub- 
lication of  the  Debates  and  Proceedings,  was  adopted. 

Upon  the  question  of  agreeing  to  this  motion,  the  yeas  and  nays 
were  demanded  and  it  was  decided  in  the  affirmative  as  follows  : 

YEAS. 
Messrs.  Ayers,  Messrs.  Palmer, 

Clark,  of  Alamakee,  Patterson, 

Cotton,  Price, 

Day,  Robinson, 

Edwards,  Skiff, 

Emerson,  Solomon, 

Gibson,  Tracr, 

Gray,  Warren, 

Hall,  Wilson, 

Harris,  Winchester, 

Hollingsworth,  Young, 

Johnston,  Springer,(P) — 24. 

NAYS. 

Messrs.  Bunker,  Messrs.  Marvin, 

Clarke,  of  Henry,  Parviri, 

Clarke,  of  Johnson,  Peters, 

Ells,  Scott, 

Gower,  Seely, 
Todhunter — 11. 

Mr.  Young  moved  that  the  report  be  laid  on  the  the  table  until  to- 
morrow morning ; 

Upon  this  question  the  yeas  and  nays  were  demanded  and  it  was  de- 
cided in  the  affirmative,  as  follows : 

YEAS. 
Messrs.  Ayers,  Messrs.  Harris, 

Bunker,  Hollingsworth, 

Clarke,  of  Henry,  Marvin, 

Clarke,  of  Johns.on,  Parvin, 

Clark,  of  Alamakee,  Scott, 

Cotton,  Seely, 

Day,  Todhunter, 

Edwards,  Traer, 


47 

Messrs.  Ells,  Messrs.  Warren, 

Gibson,  Wilson, 

Gower,  Winchester, 

Gray,  Young, 

Springer  (Prest.,) — 25. 

NAYS. 

Messrs.  Emerson,  Messrs.  Peters, 
Hall,  Price, 

Johnston,  Robinson,, 

Palmer,  Skiff, 

Patterson,  Solomon — 10. 

Mr.  Clarke,  of  Henry,  offered  the  following  and  moved  their  refer- 
ence to  the  committee  on  Right  of  Suffrage  and  the  committee  on  Dis- 
tribution of  Powers  and  Legislative  Department  respectfully  : 

Resolved,  That  the  committee  on  Suffrage  inquire  and  report  on  the 
expediency  of  referring  to  the  1st  section  of  Article  2d,  to  the  people 
as  a  separate  clause,  to  be  voted  upon  so  that  if  a  majority  of  the  voters 
shall  vote  in  favor  of  retaining  the  word  "white"  in  said  section  it 
shall  be  retained,  but  if  a  majority  thereof  shall  vote  in  favor  of  strik- 
ing it  out  it  shall  be  stricken  out,  so  that  said  section  shall  read  "Every 
male  citizen  of  the  United  States,"  &c. 

JResolved,  That  the  committee  on  the  Legislative  Department  inquire 
and  report  on  the  expediency  of  amending  section  4  of  Art.  3,  so  that 
t  shall  read, — 

"Any  person  may  be  a  member  of  the  General  Assembly  who  shall 
be  entitled  to  the  right  of  suffrage  in  the  States  and  at  the  time  of  his 
election  have  had  an  actual  residence  in  the  County  or  District  he  may 
be  chosen  to  represent." 

Mr.  Hall  moved  to  amend  the  resolutions  by  instructing  the  commit- 
tees to  report  adversely  to  the  propositions  therein  contained. 

Mr.  Edwards  moved  that  the  said  resolutions  be  laid  upon  the  table  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  affirmative,  as  follows : 

YEAS. 
Messrs.  Ayers,  Messrs.  Price, 

Cotton,  Robinson, 

Day,  Scott, 

Edwards,  Seely, 

Emerson,  Skiff, 

Gibson,  Solomon, 


48 

Messrs.  Harris,  Messrs.  Todhunter, 
Rollings  worth,  Warren, 

Johnston  Wilson, 

Palmer,  Winchester, 

Patterson,  Young, 

Peters,  Springer  (P)24. 

NAYS. 

Messrs.  Bunker,  Messrs.  Gray, 
Clarke,  of  Henry,  Hall, 

Clarke,  of  Johnson,  Marvin, 

Clark,  of  Alamakee,  Parvin, 

Gower,  Traer — 10. 

Mr.  Peters  offered  the  following  and  moved  its  reference  to  the  com- 
mittee on  Judicial  Department : 

Resolved,  That  the  Committee  on  the  Judicial  Department  be  in- 
structed to  inqure  into  the  expediency  of  so  amending  the  Constitution 
as  to  vest  the  Judicial  power  of  the  State  in  a  Supreme  Court,  in  Dis- 
trict Courts,  Courts  of  Common  Pleas,  Courts  of  Probate,  Justices  of 
the  Peace  and  in  such  other  Courts,  inferior  to  the  Supreme  Court  in 
one  or  more  counties  as  the  General  Assembly  may  from  time  to  time 
establish,  and  to  classify  and  limit  said  Courts  as  follows : 

The  Supreme  Court  shall  consist  of  five  Judges,  a  majority  of  whom 
shall  be  necessary  to  form  a  quorum  or  to  pronounce  a  decision.  It 
shall  have  appellate  jurisdiction  only  in  all  cases  in  chancery  and  shall 
constitute  a  court  for  the  correction  of  errors  at  law  under  such  re- 
strictions as  the  General  Assembly  may  by  law  prescribe.  The  Supreme 
Court  shall  have  power  to  issue  all  writs  and  processes  necessary  to  do 
justice  to  parties  and  shall  exercise  supervisionary  control  over  all  infe- 
rior judicial  tribunals  in  the  State.  The  Supreme  Court  shall  be  elected 
by  electing  one  in  each  Judicial  District,  the  Chief  Justice  to  be  elect- 
ed by  the  electors  of  the  State  at  large.  The  State  shall  be  divided 
into  four  Common  Pleas  Districts  of  compact  territory  and  bounded  by 
county  lines,  and  each  of  said  districts  consisting  of  three  or  more 
counties,  shall  be  subdivided  into  three  parts  of  compact  territory  and 
bounded  by  county  lines,  and  as  nearly  equal  in  population  as  practica- 
ble— in  each  of  "which  one  Judge  of  the  Court  of  Common  Pleas  of 
said  district  shall  be  elected  by  the  electors  of  said  sub-division.  Courts 
of  Common  Pleas  shall  be  held  in  each  by  one  of  said  Judges  in  each 
of  said  sub -divisions,  as  often  as  the  General  Assembly  may  by  law 
provide,  and  more  than  one  court  or  sitting  thereof  may  be  held  at  the 
same  time  in  each  district.  The  District  Court  shall  be  composed  of 
tho  Judges  of  the  Courts  of  Common  Pleas  of  the  respective  districts 
and  one  -of  the  Judges  of  the  Supreme  Court,  any  three  of  whom  shall 


49 

be  a  quorum  ;  and  shall  be  holden  in  each  sub -division  at  least  once  in 
each  year.  And  the  General  Assembly  may  for  each  district  provide 
that  said  court  shall  hold  three  annual  sessions  in  not  less  than  three 
places.  The  General  Assembly  may  by  law  authorize  the  Judges  of 
each  district  to  fix  the  times  of  holding  courts  therein.  The  District 
Court  shall  have  original  jurisdiction  in  all  cases  of  law  and  equity  and 
such  appellate  jurisdiction  as  may  be  provided  by  law. 

There  shall  be  established  in  each  organized  county  a  Probate  Court, 
which  shall  be  a  court  of  record,  open  at  all  times  and  holden  by  one 
Judge  elected  by  the  voters  of  the  county,  who  shall  hold  his  office  for 
the  term  of  three  years,  and  shall  receive  such  compensation  out  of  the 
county  treasury  as  shall  be  provided  by  law. 

A  competent  number  of  Justices  of  the  Peace  shall  be  elected  by  the 
electors  in  each  township  in  the  several  counties  ;  their  terms  of  office 
shall  be  two  years  and  their  powers  and  duties  shall  be  regulated  by 
law. 

The  Judges  of  the  Court  of  Common  Pleas  shall  immediately  after 
the  first  election  under  this  Constitution  be  classified  by  lot  so  that  one 
shall  hold  office  for  the  term  of  two  years,  one  for  three  years,  one  for 
four  years  and  one  for  five  years,  the  Chief  Justice  to  be  elected  for 
five  years,  and  all  subsequent  elections  the  term  of  each  of  said  Judges 
shall  be  for  the  term  of  five  years. 

The  Judges  of  the  Court  of  Common  Pleas  shall  while  in  office  re- 
side in  the  district  for  which  they  are  elected,  and  their  term  of  office 
.shall  be  for  five  years  ; 

Which  was  adopted,  and  the  Resolution  of  Inquiry  was  so  referred. 

Mr.  Ayers  offered  the  following  and  moved  its  reference  to  the  com- 
mittee on  State  Debts  : 

Resolved,  That  the  Committee  on  State  Debts  be  requested  to  in- 
quire into  the  expediency  of  annexing  to  that  department  as  an  amend- 
ment the  following  sections  : 

Section  2.  That  the  State  shall  never  assume  the  debts  of  any 
county,  city,  town,  or  township,  or  of  any  corporation  whatever,  unless 
such  debt  shall  have  been  created  to  repel  invasion,  suppress  insurrec- 
ion,  or  defend  the  State  in  war. 

Section  3.  The  General  Assembly  shall  never  authorize  any  county, 
city,  town  or  township  by  vote  of  its  citizens  or  otherwise  to  become  a 
stockholder  intfeny  joint  stock  company,  corporation,  or  association 
whatever,  or  to  raise  for,  or  loan  its  credit  to,  or  in  aid  of,'  any  such 
company,  association  or  corporation. 

Which  was  adopted,  and  the  Resolution  of  Inquiry  was  so  referred. 
4 


50 

Mr.  Solomon  offered  the  following  and  moved  its  reference  to  the 
committee  on  the  Legislative,  Executive  and  Judicial  Departments,  re- 
spectively : 

Resolved,  That  the  committees  on  the  Legislative,  Executive  and 
Judicial  Departments,  be  requested  to  inquire  into  the  expediency  of 
declaring  any  voter  twenty- one  years  of  age  and  upwards  to  be  eligible 
to  any  office  in  this  State ; 

Which  was  adopted,  and  the  Resolution  of  Inquiry  was  so  referred. 

On  motion  of  Mr.  Palmer, 

The  Convention  then  adjourned  until  to-morrow  morning  at  ten 
o'clock. 


TUESDAY  MORNING,  JANUARY  27,  1857. 

At  ten  o'clock  A.  M.  the  Convention  came  to  order,  the  President  in 
the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

The  President  presented  the  petition  of  R.  M.  Wilson  and  fifteen 
others  requesting  the  incorporation  in  the  Constitution  of  such  provi- 
sions as  to  give  validity  to  laws  respecting  the  observance  of  the  Chris  - 
tain  Sabbath  ; 

Which  was  read,  and, 

On  motion,  was  referred  to  the  Committee  on  Preamble  and  Bill  of 
Rights. 

The  President  also  presented  the  petition  of  Alex.  £>tory  and  forty- 
six  others  upon  the  same  subject ; 

Which  was  read,  and, 

On  motion,  was  referred  to  the  same  committee. 


51 

Mr.  Gowcr  offered  the  following  and  moved  its  reference  to  the  com- 
mittee on  Education  and  School  Lands  : 

Resolved,  That  the  Committee  on  Education  and  School  Lands  be 
instructed  to  inquire  into  the  propriety  of  locating  the  State  University, 
and  devoting  the  School  Fund  entire  to  it :  also,  that  the  State  take 
all  school  funds,  present  and  prospective,  and  pay  semi- annually  a  per 
cent,  thereon;  that  the  Auditor  and  Treasuer  make  a  pro  rata  distribu- 
tion of  the  interest  semi- annually  to  the  counties  ;  that  the  county 
Judges  draw  the  amount  due  their  counties  semi -annually,  and  distri- 
bute to  the  school  districts  therein;  all  to  be  done  by  salaried  officers, 
ex  qfficto,  free  of  charge  ;  that  the  principal  be  a  perpetual  fund,  the 
interest  only  to  be  used  ; 

Which  was  adopted,  and  the  Resolution  of  Inquiry  was  so  referred, 

Mr.  Parvin  offered  the  following  and  moved  its  reference  to  the  com- 
mittee on  Right  of  Suffrage  : 

Resolved,  That  the  Committee  on  the  Right  of  Suffrage  be  request- 
ed to  inquire  into  the  expediency  of  inserting  a  clause,  as  follows : 

The  General  Assembly  shall  pass  lawrs  for  ascertaining  by  proper 
proofs  the  citizens  who  shall  be  entitled  to  the  right  of  suffrage  hereby 
established ; 

And  further,  in  Sec.  1,  after  the  word  "days"  insert,  "and  within 
two  years  paid  a  state  or  county  tax  which  shall  have  been  assessed  at 
least  ten  days  before  the  election:"  Also,  add  to  said  Sec.  1,  "Pro-* 
vidcd,  That  electors  otherwise  qualified,  between  the  ages  of  twenty- 
one  and  twenty- two  years,  may  vote  without  the  payment  of  taxes  ;" 

Which  was  adopted,  and  the  Resolution  of  Inquiry  was  so  referred. 

Mr.  Edwards  offered  the  following  and  moved  its  reference  to  the 
Committee  on  Distribution  of  Powers  and  Legislative  Department : 

Resolved,  That  the  committee  on  the  Legislative  Department  be  in- 
structed to  inquire  into  the  expediency  of  reporting  an  amendment  to 
the  Constitution,  providing  that  the  General  Assembly  shall  not  pa^s 
local  or  special  laws,  in  any  of  the  following  enumerated  cases,  that  is 
to  say: 

Regulating  the  jurisdiction  and  duties  of  Justices  of  the  Peace  and 
Constables  ; 

For  the  punishment  of  crime  and  misdemeanors  ; 

Regulating  the  practice  in  Courts  of  Justice  ; 

Providing  for  changing  the  venue  in  civil  and  criminal  cases ; 

Granting  divorces  ; 

Changing  the  names  ef  persons  ; 


52 

For  laying  out,  opening  and  working  on  highways,  and  for  the  elec- 
tion or  appointment  of  township  trustees  and  supervisors  ; 

Vacating  roads,  town-plots,  streets,  alleys  and  public  squares  ; 

Removal  of  county  seats  ; 

Summoning  and  einpannelling  grand  and  petit  jurors  and  providing 
for  their  compensation  ; 

For  the  assessment  and  collection  of  taxes  for  state,  county,  township 
or  road  purposes  ; 

Providing  for  supporting  common  schools  and  for  the  preservation 
of  school  funds  ; 

In  relation  to  fees  or  salaries  ; 

In  relation  to  interest  on  money  ; 

Providing  for  opening  and  conducting  elections  of  State,  county  or 
township  officers  and  designating  the  place  of  voting  : 

Providing  for  the  sale  of  real  estate  belonging  to  minors  or  other 
persons  laboring  under  legal  disabilities,  by  executors,  administrators. 
guardians  or  trustees  ; 

Which  was  adopted,  and  the  Resolution  of  Inquiry  was  so  referred. 

Mr.  Hall  offered  the  following,  which,  under  the  Rule  adopted  by  the 
Convention,  will  lie  over  one  day  before  being  acted  upon : 

Resolved,  That  after  this  day  resolutions  shall  not  be  in  order,  offer- 
ed for  the  purpose  of  reference  to  the  Standing  Committees,  instructing 
them  to  inquire  as  to  the  propriety  of  adopting  indicated  propo- 
sitions : 

Mr.  Clarke,  of  Henry,  in  pursuance  of  notice  given  on  Friduy  last, 
moved  to  amend  the  Rules  by  adding  thereto  the  following  : 

''Resolutions  of  instructions  to  Committees  shall  lie  upon  the  table; 
one  day  before  reference,  and  be  debateable.  Resolutions,  petitions  and 
memorials,  praying  or  suggesting  amendments  to  the  CoriStitutio.it  shall 
be  referred  to  their  appropriate  committees  without  debate  ;" 

The  question  being  upon  the  adoption  of  said  resolution, 

Mr.  Skiff  moved  that  the  consideration  thereof  be  indefinitely  TH^L- 
poned  ; 

Which  motion  was  agreed  to. 

Mr.  Traer  offered  the  following,  which,  under  the  Rule  adopted  by 
the  Convention,  will  lie  over  for  one  day  before  being  acted  upon  : 

Resolved,  That  the  Rules  of  order  be  amended  by  adopting  the  fol- 
lowing order  of  business: 


53 

After  the  Journal  is  read  the  following  order  shall  govern : 

1.  Petitions  or  memorials  to  be  offered. 

2.  Resolutions. 

3.  Reports  of  Committees. 

4.  Communications  on  the  President's  table. 

5.  Reports  in  possession  of  the  Convention. 

6.  Unfinished  business. 

And  also  the  following  additional  Rule, 

Rule  18.  All  Resolutions  and  Reports  of  Committees  shall  lie  over 
one  day  before  being  acted  upon,  except  by  unanimous  consent. 

Mr.  Clarke,  of  Henry,  offered  the  following : 

Resolved,  That  the  Committee  on  Incorporations  be  requested  to  re- 
port in  favor  of  a  General  Banking  Law,  in  preference  to  a  Stock  Bank 
System,  and  not  to  report  in  favor  of  both  such  systems  ; 

Mr.  Parvin  moved  that  said  resolution  be  laid  on  the  table  until  to- 
morrow morning ; 

Which  motion  was  agreed  to. 

Mr.  Wilson  from  the  Committee  on  State  Debts  made  the  following 

REPORT. 

The  Committee  on  State  Debts  to  which  was  referred  the  resolutions 
directing  inquiry  into  the  expediency  of  prohibiting  counties,  cities,  &c., 
from  becoming  stockholders  in  joint  stock  companies,  &c.,  have  had  the 
same  under  consideration,  and  have  instructed  the  undersigned  to  report 
the  same  back  to  the  Convention  and  recommend  that  no  action  be  taken 
thereon  by  the  Convention. 

J.  F.  WILSON, 

Chairman. 

Mr.  Hams  moved  that  the  Report  and.  the  resolutions  just  reported 
back  to  the  Convention,  be  referred  to  the  Committee  on  Incorporations 
with  instructions  to  consider  the  subject : 

Mr.  Clarke,  of  Johnson,  moved  to  amend  by  having  them  referred  to 
the  Committee  on  Miscellaneous  Matter ; 

Which  motion  to  amend  was  lost,  and 

The  motion  of  Mr.  Harris  was  then  agreed  to. 


54 

Mr.  Clarke,  of  Henry,  offered  the  following  resolution  : 

Resolved,  That  it  is  not  expected  that  Standing  Committees  shall 

report  separately  upon  petitions,  memorials  and  resolutions,  referred  to 

them,  except  resolutions  of  instructions ; 
Which  resolution  was  adopted. 

Mr.  Wilson  from  the  Committee  on  State  Debts  made  the  following 

REPORT. 

The  Committee  on  State  Debts  to  which  was  referred  Article  7,  of  the 
Constitution  relating  to  State  Debts,  have  had  the  same  under  conside- 
ration, and  have  unanimously  agreed  upon  recommending  the  Conven- 
tion to  adopt  the  following  Article  upon  the  subject  of  State  Debts  : 

ARTICLE  — . 

1.  The  credit  of  this  State  shall  not  in  any  manner  be  given  or  loaned 
to,  or  .in  aid  of  any  individual,  association   or  corporation ;  and  the 
State  shall  never  assume,  or  become  responsible  for,  the  debts  or  liabil- 
ities of  any  individual  association  or  corporation. 

2.  The  State  may  contract  debts  to  supply  casual  deficits  or  failures 
in  revenues,  or  to  meet  expenses  not  otherwise  provided  for;  but  the 
aggregate  amount  of  such  debts,  direct  and  contingent,  whether  con- 
tracted by  virtue  of  one  or  more  acts   of  the  General  Assembly,  or  at 
different  periods  of  time,  shall  never  exceed  the  sum  of  One  Hundred 
Thousand  Dollars  ;  and  the  money  arising  from  the  creation  of  such 
debts  shall  be  applied  to  the  purpose  for  which  it  was  obtained,  or  to 
repay  the  debts  so  contracted,  and  to  no  other  purpose  whatever. 

8.  In  addition  to  the  above  limited  power,  to  contract  debts,  the  State 
may  contract  debts  to  repel  invasion,  suppress  insurrection,  or  defend 
the  State  in  war  ;  but  the  money  arising  from  the  debts  so  contracted 
shall  be  applied  to  the  purpose  for  which  it  was  raised,  or  to  repay  such 
debts,  and  to  no  other  purpose  whatever. 

4.  Except  the  debts  specified  in  the  second  and  third  sections  of  this 
Article  no  debt  shall  be  hereafter  contracted  by,  or  on  behalf  of  this 
State,  unless  such  debt  shall  be  authorized  by  some  law  for  some  sin- 
gle work  or  object  to  be  distinctly  specified  therein  :  and  such  law  shall 
impose  and  provide  for  the  collection  of  a  direct  annual  tax  to  pay, 
and  sufficient  to  pay  the  interest  on  such  debt  as  its  falls  due,  and  also 
to  pay  and  discharge  the  principal  of  such  debt  within  twenty  years 
from  the  time  of  contracting  thereof ;  but  no  such  law  shall  take  effect 
until  at  a  general  election  it  shall  have  been  submitted  to  the  people  and 
have  received  a  majority  of  all  the  votes  cast  for  and  against  it  at  such 


55 

election ;  and  all  money  raised  by  authority  of  such  law  shall  be  applied 
only  to  the  specific  object  therein  stated,  or  to  the  payment  of  the 
debt  created  thereby,  and  such  law  shall  be  published  in  at  least  one 
newspaper  in  each  county,  if  one  is  published  therein,  throughout  the 
State  for  three  months  preceding  the  election  at  which  it  is  submitted 
to  the  people. 

5.  The  Legislature  may  at  any  time,  after  the  approval  of  such  law 
by  the  people,  if  no  debt  shall  have  been  contracted  in  pursuance  there- 
of, repeal  the  same  ;  and  may  at  any  time,  by  law,  forbid  the  contract- 
ing of  any  further  debt  or  liability  under  such  law  ;  but  the  tax  imposed 
by  such  law,  in  proportion  to  the  debt  and  liability  which  may  have  been 
contracted  in  pursuance  of  such  law  shall  remain  in  force  and  be  irre- 
pealable,  and  be  annually  collected,  until  the  proceeds  thereof  shall  have 
made  the  provision  hereinbefore  specified  to  pay  and  discharge  the  in- 
terest and  principal  of  such  debt  and  liability. 

6.  Every  law  which  imposes,  continues   or  revives  a  tax  shall  dis- 
tinctly state  the  tax  and  the  object  to  which  it  is  to  be  applied  ;  and  it 
shall  not  be  sufficient  to  refer  to  any  other  law  to  fix  such  tax  or  object. 

All  of  which  is  respectfully  submitted. 

J.  F.  WILSON, 

Chairman. 

Which  was  read,  ordered  to  be  laid  on  the  table  and  that  one  hundred 
copies  thereof  be  printed  for  the  use  of  the  Convention. 

Mr.  Traer  moved  to  take  up  the  report  of  the  Committee  to  employ 
a  Reporter  and  report  a  plan  for  the  publication  of  the  Debates  and 
Proceedings,  the  vote  upon  which  having  been  re- considered,  was  laid 
upon  the  table  until  this  morning  ; 

Which  motion  was  agreed  to. 

Mr.  Traer  then  moved  to  strike  out  the  words  "three  thousand"  in 
the  first  section  of  said  report : 

Upon  this  question  the  yeas  and  nays  were  demanded,  with  follow- 
ing result : 

YEAS. 

Messrs.  Ayers,  Messrs.  Marvin, 

Bunker,  Palmer, 

Clarke,  of  Johnson,  Parvin, 

Clark,  of  Alamakee,  Patterson, 

Cotton,  Peters, 

Day,  Price, 

Edwards,  Robinson, 


56 


Messrs.  Ells, 

Emerson, 

Gibson, 

Gillaspy, 

Gower, 

Gray, 

Harris, 

Rollings  worth, 

Johnston, 


Messrs.  Scott, 
Seely, 
Todhunter, 
Traer, 
Warren, 
Wilson, 
Winchester, 
Young, 
Springer  (P.)  32. 


NAYS. 

.Messrs.  Clarke,  of  Henry, 
Hall, 


Messrs.  Skiff, 

Solomon — 4. 


to. 


So  the  motion  to  strike  out  the  words  "three  thousand"   was  agreed 


Mr.   Clarke,  of  Johnson,  moved  to  strike  out  of  the  seventh  section 
of  said  report  the  words  "twenty-five  ;" 

Upon  this  question  the  yeas  and  nays  were  demanded  with  the  follow- 
ing result : 


YEAS. 

Messrs.  Bunker, 

Clarke,  of  Henry, 

Clarke,  of  Johnson, 

Clark,  of  Alamakee, 

Cotton, 

Edwards, 

Ells, 

Emerson, 

Gower, 

Gray, 

Hollingsworth, 

Johnston, 


NAYS. 


Messrs.  Ayers, 
Day, 
Gibson, 
Gillaspy, 
Hall, 
Harris, 


Messrs.  Marvin, 
Parvin, 
Peters, 
Scott, 
Seely , 
Todhunter, 
Traer, 
Warren, 
Wilson, 
Winchester, 
Young, 
Springer,  (P.)  24. 


Messrs.  Palmer, 

Patterson, 
Price, 
Robinson, 
Skiff, 
Solomon — 12. 


So  the  motion  to  strike  out  the  words  "twenty-five"  was  agreed  to. 


Mr.  Trear  moved  to  fill  the  blank  in  the  first  section  of  said  report 
by  inserting  the  words  "fifteen  hundred  ;" 

Mr.  Johnston  moved  that  the  whole  subject  be  laid  upon  the  table 
until  to-morrow  morning  ; 

Which  motion  was  not  agreed  to. 

Mr.  Clarke,  of  Henry,  moved  that  the  Convention  adjourn  until  ten 
o'clock  to-morrow  morning  ; 

Which  motion  was  not  agreed  to. 

Mr.  Edwards  moved  that  the   Convention  adjourn  until  two  o'clock 
this  afternoon  ; 

Which  motion  was  agreed  to. 

Mr.  Clarke,  of  Johnson,  moved  that  the  whole  subject  be  laid  upon 
the  table  until  to-morrow  at  eleven  o'clock  ; 
Which  motion  was  agreed  to. 

On  motion  of  Mr.  Skiff, 

The  Convention  then  adjourned  until  ten  o'clock  to-morrow  morning. 


WEDNESDAY  MORNING,  JANUARY  28,  1857. 

The  President  took  the  Chair,  at  ten  o'clock,  A.  M.,  and  called  the 
Convention  to  order. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

Mr.  Gower  offered  the  following  and  moved  its  reference  to  the  com- 
mittee on  Incorporations  : 

Resolved,  That  the  Committee  on  Incorporations  be  instructed  to 
inquire  into  the  propriety  of  engrafting  the  annexed  bill  in  our  Consti- 
tution with  such  amendments  as  may  be  deemed  necessary : 
4* 


58 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Iowa,  That 

are  appointed  commissioners  to  open  books,  and  receive  subscriptions 

for  the  establishment  of  a  bank  in  the  city  of , 

which  bank  shall  be  call  THE  STATE  BANK  OF  IOWA.  And  as  soon  as 
the  said  commissioners  shall  have  obtained  subscriptions  to  the  amount 
of  five  hundred  thousand  dollars,  they  shall  then  call  a  meeting  of  the 

subscribers,  in  the  city  of ,  giving  at  least 

thirty  days'  notice,  in  Jive  different  papers  published  within  the  State  of 
Iowa,  of  the  time  and  place  of  such  meeting  for  the  general  organization 
of  said  Bank,  which  shall  be  consummated  by  the  election  of  six  Directors 
from  among  said  subscribers  ;  and  as  soon  as  said  organization  has 
been  consummated,  they  will  then  resign  their  trust  into  the  hands  of 
the  newly- elected  officer  of  the  bank. 

SEC.  2.  Be  it  enacted,  That  the  Bank  situate  in  the  city  of- 


shall  be  called  MAIN  BANK,  and  all  other  banks  shall  be 
branches  thereof.  The  Main  Bank  shall  only  issue  its  notes  to  the 
branch  banks — having  inserted  in  each  note  the  name  of  the  particular 
bank  for  whose  use  they  are  intended  ;  and  in  no  case  shall  the  Main 
Bank  put  into  circulation  any  notes  purporting  to  be  issued  by  the  State 
Bank  of  Iowa,  otherwise  than  through  the  branch  banks. 

SEC.  3.  The  Main  Bank  shall  be- divided  into  three  departments — as, 
firstly,  the  Regulating  Department ;  secondly,  the  Issuing  Depart- 
ment ;  and,  thirdly,  the  Redemption  Department. 

The  Regidating  Department  shall  be  a  Board  of  Control,  consist- 
ing of  three  members,  one  of  whom  shall  be  elected  by  the  Legislature, 
one  by  the  people,  in  general  election,  and  one  by  an  election  to  be  held 
exclusively  by  the  Directors  of  the  branch  banks  throughout  the  State 
— the  Directors  of  each  branch  being  allowed  to  hold  their  meetings  in 
their  own  banking-house,  to  cast  their  votes — putting  the  name  or 
names  of  their  candidate  so  voted  for  in  a  sealed  package,  and  sending 
it  by  mail,  addressed  to  the  President  of  the  Board  of  Control,  who 
shall  open  it  in  the  presence  of  the  whole  Board,  and  count  the  votes  ; 
find  the  one  receiving  a  plurality  of  votes  shall  be  considered  duly  elect- 
ed. The  members  of  the  Board  of  Control  shall  hold  their  term  of 
office  three  years,  one  to  be  elected  every  year — the  member  elected  by 
the  Legislature  being  the  first  President,  and  the  oldest  member  of  the 
Board  thereafter,  according  to  the  one  term  of  his  official  service  only. 
The  duties  of  the  Board  of  Control  shall  consist  in  the  entire  manage- 
ment of  the  organic  operations  of  the  Main  Bank  and  branches ;  for 
the  better  and  more  impartial  regulation  thereof,  they  shall  compose, 
and  have  printed,  a  set  of  rules  and  regulations,  applying,  in  their 
effects,  to  each  and  every  branch  of  the  Main  Bank,  alike.  The  Board 


59 

of  Control,  or  cither  of  them,  shall  also  have  the  power  to  appoint 
Inspectors,  to  visit  all,  or  any  one  of,  the  branches,  to  inspect  their 
books,  papers,  and  assets,  generally,  and  report  their  standing  to  said 
Board  in  writing — their  visits  being  made  at  any  time  in  which  the 
Board  of  Control,  or  any  member  thereof,  may  deem  fit,  and  without 
notice  to  the  branch  being  so  visited  ;  and  if  it  is  shown  in  said  report 
that  the  affairs  of  such  branch  are  not  in  a  sound  condition,  it  shall  be 
the  duty  of  the  Board  of  Control  to  call  upon  the  executive  officer  of 
such  branch,  to  show  cause  why  said  branch  shall  not  be  closed,  and 
the  assets  thereof  taken  possession  of  by  the  Main  Bank,  and  its  affairs 
wound  up  ;  and  if  the  officer  aforesaid  shall  not  answer  the  call  of  the 
Board  of  Control,  as  aforesaid,  or  if  they  shall  so  do,  but  not  give 
sufficient  reason  for  the  continuance  of  their  business,  it  shall  then  be 
the  duty  of  the  said  Board  to  take  possession  of  the  assets  of  such 
branch,  and  dispose  of  them  to  the  best  advantage — using  the  proceeds, 
firstly,  for  the  redemption  of  its  issues ;  secondly,  for  the  payment  of 
depositors  with  the  branch ;  and,  thirdly,  for  the  payment  of  all  other 
liabilities  pro  rati ;  and  if  anything  be  left  thereafter,  the  same  shall 
be  handed  over  to  the  stockholders,  in  proportion  to  their  stock  in  said 
branch  as  paid  in  ;  but  if  there  shall  not  be  sufficient  assets  to  meet  the 
first,  second  and  third  class  of  claims  against  the  branch,  in  that  case  the 
Directors  shall  be  assessed  in  a  like  ratio  with  the  amount  of  their  stock 
subscribed,  whether  it  is  all  paid  in  or  not,  to  the  amount  necessary  to 
liquidate  the  indebtedness  of  the  bank.  If  there  shall  not  be  enough 
assets  to  redeem  all  the  notes  of  such  branch,  then,  in  that  case,  the 
Board  of  Control  shall  make  an  assessment  upon  each  of  the  other 
branches,  according  to  their  capital,  respectively,  to  make  up  the  deficit ; 
and  if  any  branch  shall  neglect  or  refuse  to  comply  with  the  require- 
ments of  the  assessment,  the  Board  of  Control  will  then  proceed  to 
close  up  such  branch  in  the  same  manner  and  to  the  same  extent  as  the 
first. 

The  Issuing  Department  shall  provide  all  the  bank-notes  intended 
for  circulation  by  the  branches  throughout  the  State,  and  disburse  them 
to  the  branches,  in  accordance  with  the  written  order  of  the  Board  of 
Control  —  stamping  upon  each  note  the  insignia  of  such  department 
belonging  to  the  great  seal  thereof — entering  the  number,  letter,  date, 
and  denomination  of  each  note  in  a  register  kept  exclusively  for  that 
purpose — keeping  the  registration  of  the  notes  of  each  branch  sep- 
arately. 

The  Redemption  Department  shall  have  the  possession  of  the  specie 
arid  securities  belonging  to  the  Bank  and  to  the  branches,  and  provide 
a  suitable  fire-proof  vault  for  security  of  the  same,  using  the  same  only 
in  the  redemption  of  the'bank-note  issues  of  the  branches — the  same 
having  been  issued  from  the  Issuing  Department  aforesaid — which  notes 
the  Department  will  retain  until  duly  required  to  be  given  up  by  a  writ- 


60 

ten  order  from  the  Board  of  Control,  and  endorsed  by  the  cashier  of 
the  Issuing  Department. 

SEC.  4.    The  salaries  of  the  msmbers  of  the  Board  of  Control  shall 

be a  year,  and  to  be  regulated  entirely  by  the 

Legislature,  but  in  no  case  to  be  decreased  during  their  term  of  office. 
The  salaries  of  the  subordinate  officers  are  to  be  regulated  by  the  Board 
of  Control,  at  their  option. 

SEC.  5.  Branch  banks  must  be  organized  upon  the  following  plan — 
to-wit:  Whenever  any  persons — numbering  not  less  than  twelve,  two- 
thirds  of  whom  must  be  residents  of  the  county  in  which  it  is  proposed 
to  locate  the  bank — shall  wish  to  establish  a  branch  bank,  they  must 
first  get  up  an  instrument  of  writing,  in  which  they  must  state  the  names 
of  the  parties  connected  with  it,  their  respective  places  of  residence, 
busftiess,  and  the  amount  of  their  present  subscription,  the  place  in 
which  they  wish  to  locate  their  bank,  the  name  under  which  it  is  to  be 
known  and  do  business,  the  amount  of  its  capital,  and  the  term  for 
which  it  is  intended  that  the  charter  shall  continue  ;  after  which  the 
application  so  arranged  shall  be  forwarded  to  the  Board  of  Control, 
whose  duty  it  will  be  to  issue  a  permit,  authorizing  the  establishment  of 
the  bank,  if  they  have  published  a  notice  in  some  paper,  in  the  place 
where  it  is  intended  to  locate  such  bank,  of  such  application  having 
been  made,  thirty  days  before  granting  such  permit,  and  there  exists 
no  objection  from  any  one  to  the  creation  of  such  bank, — or  if  there 
are  objections,  but  which  have  been  overruled  by  the  Board, — the  pre- 
sentation of  which  to  the  Redemption  Department,  for  safe  keeping, 
will  consummate  the  bank  a  branch  of  the  State  Bank  of  Iowa.  Whenever 
the  branch  so  erected  shall  seek  for  bank-notes  for  circulation,  it  must 
then  place  in  the  hands  of  the  receiving  officer  of  the  Redemption  De- 
partment ofte-third  the  amount  of  the  notes  so  required  in  gold  and 
silver,  as  the  said  officer  may  require — this  provision  only  extending  to 
three  times  the  amount  of  the  capital  of  such  branch.  If  any  branch 
shall  wish  to  obtain  more  notes  than  three  times  the  amount  of  its  paid 
in  capital,  it  must  then  give  to  the  receiving  officer  of  the  Redemption 
Department,  State  or  United  States  stocks,  at  the  rate  of  five  percent, 
less  than  the  ruling  market  value  in  New-York  City,  at  the  time  of  such 
deposit,  dollar  for  dollar,  of  the  amount  of  notes  required  for  circula- 
tion ;  and  if  at  any  time  thereafter  the  stock  so  deposited  shall  fall  in 
price  three  per  cent,  below  the  price  at  which  it  stood  at  the  time  of 
such  deposit,  the  receiving  officer  aforesaid  must  then  notify  the  execu- 
tive officers  of  such  bank  that  they  must  place  in  his  hands  more  stock 
within  ten  days  thereafter ;  and  if  they  do  not  comply  therewith,  he 
must  proceed  to  sell  that  in  his  hands,  and  apply  the  proceeds  to  the 
redemption  of  such  notes,  which  notes  must  have  stamped,  or  printed 
from  steel -engraved  die,  upon  their  face  the  words  RELIEF  NOTES,  by 
which  they  will  be  know  from  all  others. 


61 

SEC.  6.  All  the  notes  so  put  in  circulation  by  the  branch  banks  shall 
be  redeemed  .by  the  Main  Bank  only  ;  but  the  branch  banks  must  receive 
the  notes  of  any  and  every  branch  in  payment  of  any  claims  due  such 
branch,  if  offered,  whether  the  branch  issuing  them  is  solvent  or  not  ; 
but  any  branch  so  receiving  such  notes  is  not  precluded  from  presenting 
the  same,  if  it  should  choose  to  do  so,  to  the  Main  Bank  for  redemp- 
tion ;  but  in  no  case  will  a  branch  bank  be  allowed  to  make  a  deposit 
with  the  notes  of  other  branches,  for  the  purpose  of  obtaining  circulat- 
ing notes  for  its  own  use,  either  directly  or  indirectly.  No  branch  bank 
shall  issue  or  put  into  circulation  any  other  notes  purporting  to  be  issued 
by  such  branch  but  those  which  it  has  obtained  from  the  Issuing  Depart- 
ment of  the  Main  Bank,  in — . 

SEC.  7.  The  number  of  branches  shall  be  limited  to  that  of  fifty, 
being  properly  distributed  throughout  the  State — there  not  being  wore 
than  three  in  any  one  city,  or  more  than  two  in  any  one  town,  or  more 
than  one  in  any  one  village — these  numbers  to  be  increased  only  by  an 
Jict  ol:  the  Legislature,  for  the  purpose  of  meeting  the  requirements  of 
commerce  and  trade  in  any  particular  locality. 

SEJ.  8.  The  capital  of  each  branch  shall  not  exceed  one  million  of 
dollars  in  the  cities,  nor  less  than  fifty  thousand  dollars.  In  the  towns, 
the  capital  of  each  branch  shall  not  exceed  five  hundred  thousand  dol- 
lars, nor  less  than  forty  thousand  dollars.  In  the  villages,  the  capital 
or!  each  branch  shall  not  exceed  one  hundred  thousand  dollars,  nor  less 
than  twenty-five  thousand  dollars. 

SEC.  9.  Each  and  every  stockholder  shall  be  held  personally  respon- 
sible to  the  amount  of  his  or  her  stock  subscribed,  over  and  above  the 
amount  so  subscribed  for  by  him  or  her,  in  case  it  shall  become  neces- 
sary to  collect  the  amount  to  liquidate  all  the  claims  against  the  branch 
to  which  they  are  stockholders  ;  but  this  liability  shall  not  be  enforced 
until  after  the  property,  but  personal  and  real,  of  the  Directors  of  such 
branch,  and  that  of  all  other  branches,  as  above  stated,  has  been  ex- 
hausted in  the  payment  of  such  claims. 

SEC.  10.  All  taxes  shall  be  assessed  and  collected  of  the  banks  irw 
the  same  manner  as  they  are  of  individuals  ;  but  when  a  branch  pays 
its  taxes  upon  its  capital  as  assessed,  the  stockholders  thereof  shall  not 
f>e  assessed  for  taxes  upon  the  stock  so  held  by  them  of  such  bank. 

SEC'.  11.  Any  failure  upon  the  part  of  any  branch  to  comply  with, 
or  conform  to,  the  requirements  of  this  law,  or  any  part  thereof,  shall 
be  considered  a  forfeiture  of  its  charter  as  such  branch,  and  the  assets, 
of  all  kinds  whatsoever,  shall  revert  to  the  Board  of  Control,  the  pos- 
session of  which  can  be  obtained,  if  any  resistance  be  shown  by  the  of- 
ficers or  stockholders  of  the  branch  so  delinquent,  by  the  issue  of  an 


62 

order  by  the  clerk  of  the  Court  of directed  to  the  sheriff 

of  the  county  in  which  the  bank  is  located,  or  by  the  clerk  of  the  Su- 
preme Court  of  the  State  of  Iowa,  directed  to  any  executive  officer  act- 
ing under  him,  or  deputized  by  him  for  this  special  purpose. 

SEC.  12.  Any  officer  of  any  branch  which  has  failed  or  been  closed 
by  the  Board  of  Control  in  consequence  of  improper  delinquencies,  or 
out-right  frauds,  shall  not  be  eligible  to  hold  office  in  any  other  branch 
bank  within  this  State  ;  and  any  branch  violating  this  provision  by  the 
appointment  of  any  such  person,  and  persisting  in  the  same  after  due 
notice  having  been  given  the  officers  thereof  of  the  antecedents  of  such 
person  by  the  Board  of  Control,  it  shall  be  deemed  a  delinquent  branch, 
and  as  such  be  proceeded  against  by  the  Board  of  Control  in  like  man- 
ner and  to  the  same  extent  as  in  other  cases. 

SEC.  13.  If  any  branch  shall  wish  to  close  its  affairs,  or  to  discon- 
tinue the  circulation  of  its  notes,  it  will  be  necessary  for  such  branch 
to  give  the  Board  of  Control  due  notice  thereof,  whose  duty  it  shall  be 
to  advertise  in  two  daily  and  weekly  papers,  published  in  the  city  of— 

of  such  intention,  requiring  the  presentation 

of  all  notes  of  such  branch  at  the  redemption  office,  within  two  years 
thereafter,  or  all  outstanding  notes  at  that  time  will  be  barred  from  re- 
demption at  such  office  ;  and  that  the  funds  belonging  to  such  branch 
will  be  handed  to  the  receiver  of  such  bank. 

SEC.  14.  The  current  expenses  of  the  Main  Bank  shall  be  borne  by 
the  several  branches,  in  proportion  to  their  capital  stock — each  paying 
its  allotted  per  centage,  at  the  end  of  each  six  months,  commencing  on 
the  1st  day  of  January  of  each  year,  in  which  expenses  are  to  be  in- 
cluded all  payments  for  bank-rates,  plates,  papers,  together  with  all 
other  expenses  therewith  connected,  or  arising  therefrom. 

Which  was  adopted,  and  the  Resolution  of  Inquiry  was  so  referred. 

Mr.  Traer  offered  the  following  resolution : 

Resolved,  That  so  much  of  the  Constitution  as  relates  to  the  Basis 
of  Representation  be  referred  to  a  Special  Committee  of  three  ; 
Which  resolution  was  not  agreed  to. 


Mr.  Parvin  offered  the  following  and  moved  its  reference  to  the  Com- 
mittee  on  Education  and  School  Lands ; 

Resolved,  That  the  Committee  on  Education  and  School  Lands  be 
requested  to  inquire  into  the  expediency  of  making  provision  for  tin* 
education  of  the  children  of  blacks  and  mulattoes  ; 

The  question  being  upon  the  adoption  of  the  resolution, 
It  was  moved  that  the  same  be  laid  upon  the  table : 


63 

Upon  this  question  the  yeas  and  nays  were  demanded  with  the  fol- 
lowing result : 

YEAS. 

Messrs.  Ayers,  Messrs.  Harris, 

Cotton,  Hollingsworth, 

Day,  Johnston, 

Emerson,  Palmer, 

Gibson,  Peters, 

Gillaspy,  Price, 

Hall,  Robinson, 
Solomon — 15. 

NAYS. 

Messrs.  Bunker,  Messrs.  Patterson,       • 

Clarke,  of  Henry,  Scott, 

Clarke,  of  Johnson,  Seely, 

Clark,  of  Alamakee,  Skin", 

Edwards,  Todhunter, 

Ells,  Traer, 

Gower,  Warren, 

Gray,  Wilson, 

Marvin,  Winchester, 

Parvin,  Young, 
Springer  (Prest.,) — 21. 

So  the  motion  to  lay  the  resolution  on  the  table  was  not  agreed  to. 

The  question  now  being  upon  the  adoption  of  the  resolution,  the  yeas 
and  nays  wrere  demanded  with  the  following  result : 

YEAS. 

Messrs.  Bunker,  Messrs.  Scott, 

Clarke,  of  Henry,  Seely, 

Clarke,  of  Johnson,  Skift', 

Clark,  of  Alamakee,  Todhunter, 

Edwards,  Traer, 

Ells,  Warren, 

Gower,  Wilson, 

Gray,  Winchester, 

Marvin,  Young, 

Parvin,  Springer  (P. )  20. 

NAYS. 

Messrs.  Ayers,  Messrs.  Hollingsworth,. 

Cotton,  Johnston, 


64 

Messrs.  Day,  Messrs.  Palmer, 

Emerson,  Patterson, 

Gibson,  Peters, 

Gillaspy,  Price, 

Hall,  Robinson, 

Harris,  *  Solomon — 16. 

So  the  Resolution  of  Inquiry  was  adopted  and  referred  accordingly. 

Mr.  Clarke,  of  Johnson,  moved  to  reconsider  the  vote  by  which  the 
resolution  relative  to  the  appoint  of  a  Special  Committee  on  the  Basis 
of  Representation,  was  lost ; 

Which  motion  was  agreed  to. 

Mr.  Harris  moved  to  amend  said  resolution  by  inserting  "seven"  in- 
stead of  "three  ;" 

Which  motion  was  agreed  to  and  the  resolution  as  amended,  was 
adopted. 

Mr.  Winchester  offered  the  following : 

Resolved,  That  until  otherwise  ordered,  the  daily  sessions  of  this 
Convention  shall  convene  at  the  hour  of  9  o'clock,  A.  M.,  and  2  o'clock.' 
P.  M.  : 

Mr.  Traer  moved  to  amend  said  resolution  by  striking  out  "9  o'clock, 
A.  M."  and  inserting  "ten  o'clock,  A.  M  ;" 
Which  motion  was  agreed  to. 
The  resolution  as  amended  was  then  adopted. 

Mr.  Traer  moved  to  take  up  the  resolution  offered  by  him  yesterday 
relative  to  an  amendment  to  the  Rules : 

Which  motion  was  agreed  to. 

Upon  the  question  of  adopting  said  resolution,  it  was  decided  in 
the  negative. 

Mr.  Clarke,  of  Henry,  offered  the  following,  which,  under  the  Rule 
adopted  by  the  Convention,  will  lie  over  for  one  day  before  being  a^u-d 
upon : 

Resolved,  That  the  Secretary  be  not  required  to  enter  the  whole 
of  any  resolution,  report,  memorial,  or  petition  upon  the  Journal,  but 
may  enter  the  same  by  synopsis — That  he  be  required  also  to  furnish  a 
synopsis  of  such  voluminous  reports,  resolutions,  memorials  and  peti- 
tions as  have  already  been  entered  upon  the  Journal  to  be  printed  hi 
their  stead  unless  otherwise  directed  by  a  vote  of  this  Convention  in 
particular  cases. 


65 

Mr.  Seely,  offered  the  following  and  moved  its  reference  to  the  Special 
Committee  on  Basis  of  Representation  : 

Resolved,  That  the  Committee  on  the  Basis  of  Representation  be 
requested  to  inquire  into  the  expediency  of  reporting  a  system  whereby 
there  shall  not  be  more  than  four  organized  counties  included  in  one 
Representative  D  istrict ;  and  when  any  two  adjoining  counties  have  a  pop- 
ulation equal  to  one-half  of  the  basis  of  representation  fixed  by  law  they 
shall  be  entitled  to  one  representative  yearly  ;  and  when  any  one  county 
shall  have  a  -like  population  it  shall  be  entitled  to  one  representative  ; 

Which  Resolution  of  Inquiry  was  adopted,  and  was  so  referred. 

Mr.  Ells,  from  the  Committee  on  Preamble  and  Bill  of  Rights,  made 
the  following 

REPORT. 

The  committee  to  whom  was  referred  the  Preamble  and  Bill  of  Rights 
have  had  the  same  under  consideration  and  have  unanimously  agreed  to 
the  following  amendments,  and  have  instructed  their  Chairman  to  report 
the  same  to  the  Convention  and  recommend  their  adoption: 

Add  to  Sec.  2  as  follows : 

"And  no  privileges  or  immunities  shall  ever  be  granted  that  may  no 
be  altered,  revoked  or  repealed  by  the  General  Assembly." 

Add  to  Sec.  9  as  follows  : 

4 'But  no  person  shall  be  deprived  of  life,  liberty  or  property  without 
due  process  of  law." 

Substitute  for  Sec.  10  as  follows : 

'  'In  all  criminal  prosecutions  the  accused  shall  have  a  right  to  a 
speedy  trial  before  an  impartial  jury  of  the  county  or  district  in  which 
the  offense  is  alleged  to  have  been  committed  ;  to  demand  the  nature 
and  cause  of  the  accusation  against  him  ;  to  be  confronted  by  the  wit- 
nesses against  him  ;  to  have  compulsory  process  for  his  own  witnesses 
and  to  have  the  assistance  of  counsel."5 

Add  to  Sec.  11  the  following : 

"Nor  shall  any  person  be  compelled  in  any  criminal  prosecution  to  be 
a  witness  against  himself." 

Add  to  Sec.  18  as  follows  : 

"Private  roads  may  be  opened  in  the  manner  prescribed  by  law,  but 

in  every  case  the  necessity  of  the  road  and  the  amount  of  damages 

sustained  by  the  opening  thereof,  shall  first  be  determined  by  a  jury  of 

disinterested  freeholders  and  such  amount,  together  with  the  expenses  of 

5 


the  proceedings,  shall  be  paid  by  the  person  or  persons  benefitted  thereby 
before  said  road  shall  be  opened." 

The  committee  have  also  had  under  consideration  the  resolution  offer- 
ed by  Mr.  Solomon  and  after  duly  considering  the  same  have  unani- 
mously agreed  that  it  is  inexpedient  to  recommend  the  incorporation  of 
said  proposition  in  the  Bill  of  Rights, 

All  of  which  is  respectfully  submitted. 

GEO.  W.  ELLS, 

Chairman. 

Which  report  was  read,  ordered  to  be  laid  on  the  table,  and  one  hun- 
dred copies  thereof  to  be  printed  for  the  use  of  the  Convention. 

Mr.  Clark,  of  Alamakee,  offered  a  Resolution  of  Inquiry,  relative  to 
the  organization  of  the  Courts  of  the  State,  and  moved  its  reference  to 
the  Committee  on  Judicial  Department : 

Which,  having  been  read,  and  the  question  being  on  the  adoption  of 
the  same, 

Mr.  Wilson  moved  to  amend  as  follows :  "provided  said  resolution  be 
not  entered  at  length  on  the  Journal ;" 

Mr.  Hall  moved  that  the  resolution  be  laid  on  the  table  : 

Which  was  agreed  to. 

The  consideration  of  the  report  of  the  Committee,  to  employ  a  Re- 
porter and  report  a  plan  for  the  publication  of  the  Debates  and  Proceed- 
ings, which  was  laid  on  the  table  until  to-day  at  11  o'clock,  was  again 
resumed. 

The  question  being  upon  the  motion  of  Mr.  Traer,  to  fill  the  blank 
in  the  first  section  of  said  report  by  inserting  the  words  "fifteen  hun- 
dred ;" 

Mr.  Clarke,  of  Johnson,  moved  to  insert  in  said  blank  the  words 
"two  thousand  ;" 

Upon  this  question  the  yeas  and  nays  were  demanded  and  it  was  de- 
cided in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Hall, 

Clarke,  of  Johnson,  Harris, 

Cotton,  Johnston, 

Day,  Marvin, 

Edwards,  Palmer, 

Ells,  Peters, 

Emerson,  Price, 

Gower,  Solomon — 16. 


67 


NAYS. 
Messrs.  Bunker, 

Clarke,  of  Henry, 

Clark,  of  Alamakee, 

Gibson, 

Gillaspy, 

Gray, 

Hollirigsworth, 

Parvin, 

Patterson, 

Robinson, 

The  motion  of  Mr.  Traer  to  insert  in  said  blank  the  words  "fifteen 
hundred"  was  then  agreed  to. 


Messrs.  Scott, 
Seely, 
Skiff, 

Todhunter, 
Traer, 
Warren, 
Wilson, 
Winchester, 
Young, 
Springer(P)20. 


Messrs.  Palmer, 
Robinson, 
Solomon — 6. 


Mr.  Harris  moved  to  fill  the  blank  in  the  seventh  section  of  said  report 
by  inserting  the  words  "twenty-six  ;" 

Upon  this  question,  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  negative,  as  follows : 

YEAS. 

Messrs.  Clark,  of  Alamakee, 
Gibson, 
Harris, 

NAYS. 

Messrs.  Ayers, 
Bunker, 

Clarke,  of  Henry, 
Clarke,  of  Johnson, 
Cotton, 
Day, 
Edwards, 
Ells, 

Emerson, 
Gillaspy . 
Gower, 
Gray,, 
Hall, 

Hollingsworth, 
Johnston, 


Messrs.  Marvin, 
Parvin, 
Patterson, 
Peters, 
Price, 
Scott,  ' 
Seely, 
Skiff, 

Todhunter, 
Traer, 
Warren, 
Wilson, 
Winchester, 
Young, 
Springer,  (P.)  30. 


Mr.  Palmer  moved  to  fill  the  blank  in  said  section,  by  inserting  the 
words  "twenty-four;" 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  negative,  as  follows  : 


68 


YEAS. 
Messrs.  Ayers, 

Clark,  of  Alamakee, 

Gibson, 

Harris, 

NAYS. 
Messrs.  Bunker, 

Clarke,  of  Henry, 

Clarke,  of  Johnson, 

Cotton, 

Day, 

Edwards, 

Ells, 

Emerson, 

Gillaspy, 

Gower, 

Gray, 

Hall, 

Rollings  worth, 

Johnston, 


Messrs.  Marvin, 
Palmer, 
Robinson, 
Solomon — 8. 


Messrs.  Parvin, 

Patterson, 

Peters, 

Price, 

Scott, 

Seely, 

Skiff, 

Todhunter, 

Traer, 

Warren, 

Wilson, 

Winchester, 

Young, 

Springer,  (P.  )28. 


Mr.  Hall  moved  to  fill  said  blank  with  the  word  "five  ;" 

Mr.  Clark,  of  Alamakee,  moved  to  amend  said  motion,  as  follows  : 
Provided,  That  any  member  shall  be  entitled  to  receive  any  number 
of  said  slips  not  to  exceed  ten  by  relinquishing  an  equal  number  of 
newspapers  which  he  is  now  entitled  to  receive  by  the  rules  of  this  Con- 
vention ; 

Mr.  Gibson  moved  to  fill  said  blank  by  inserting  the  word  l 'fifteen  ;" 

Mr.  Traer  moved  the  Previous  Question :  and, 

Upon  the  question, 

Shall  the  main  question  now  be  put  ? 

It  was  agreed  to,  a  majority  of  the  members  present  voting  therefor. 

The  question  now  being  upon  the  motion  of  Mr.  Gibson  to  fill  said 
blank  with  the  word  "fifteen," 
Said  motion  was  disagreed  to. 

Upon  the  question  of  agreeing  to  the  amendment  proposed  by  Mr. 
Clark,  of  Alamakee, 

Said  amendment  was  disagreed  to. 

Upon  the  question  of  filling  said  black  with  the  word  "five," 
It  was  disagreed  to. 


It  was  then  moved  that  said  blank  be  filled  with  the  word  "two  ;" 

Which  motion  was  agreed  to  ;  and, 

On  motion  of  Mr.  Parvin, 

The  report,  as  amended,  was  adopted. 

Mr.  Gillaspy  moved  that  Mr.  Johnston  be  added  to  the  Standing 
Committee  on  Militia ; 

Which  motion  was  agreed  to. 

The  President  then  announced  the  following,  as  the  Special  Commit- 
tee on  Basis  of  Representation,  viz :  Messrs.  Traer,  Solomon,  Seely, 
Winchester,  Wilson,  Hollingsworth  and  Harris. 

Mr.  Harris  offered  the  following  resolution : 

Resolved,  That  each  member  of  this  Convention  be  allowed  fifteen 
daily  newspapers  in  addition  to  those  already  taken  ; 

Mr.  Clark,  of  Alamakee,  moved  to  amend  said  resolution,  by  substi- 
tuting slips  in  lieu  of  newspapers  should  the  members  desire  to  do  so  ; 
Which  amendment  was  not  agreed  to. 

Mr.  Harris  moved  the  Previous  Question  ;  and, 

Upon  the  question, 

Shall  the  main  question  now  be  put  ? 

It  was  agreed  to,  a  majority  of  the  members  present  voting  therefor. 

Upon  the  question  of  adopting  the  resolution,  the  yeas  and  nays  were 
demanded,  and  it  was  decided  in  the  negative,  as  follows : 

YEAS. 

Messrs.  Clarke,  of  Johnson,         Messrs.  Johnston, 

Cotton,  Marvin, 

Edwards,  Palmer, 

Ells,  Patterson, 

Gibson,  Peters, 

Gillaspy,  Robinson, 

Hall,  Solomon, 

Harris,  Winchester — 16. 

NAYS. 

Messrs.  Ayers,  Messrs.  Parvin, 

Bunker,  Scott, 

Clarke,  of  Henry,  Seely, 

Clark,  of  Alamakee,  .  Skift', 

Day,  Todhunter, 


70 

Messrs.  Emerson,  Messrs.  Traer, 

Grower,  Warren, 

Gray,  Wilson,' 

Hollingsworth,  Young, 

Springer,  (Prest.,) — 19. 

Mr.  Todhunter,  from  the  Committee  ©n  Executive  Department,  made 
the  following 

REPORT. 

MR.  PRESIDENT: — 

Your  Committee  to  whom  was  referred  that  portion  of 
the  Constitution  of  the  State  of  Iowa  regulating  the  Executive  Depart- 
ment thereof,  have  had  the  same  under  consideration,  and  beg  leave  to 
make  the  following  Report,  and  recommend  that  the  same  be  adopted  :— 

LEWIS  TODHUNTER, 
Chairman  of  Committee.. 

SECTION  1.  The  supreme  executive  power  of  this  State  shall  be  vested 
in  a  Chief  Magistrate,  who  shall  be  styled  the  Governor  of  the  State  of 
Iowa. 

SEC.  2.  The  Governor  shall  be  elected  by  the  qualified  electors  at  the 
time  and  place  of  voting  for  members  of  the  General  Assembly,  and 

shall  hold  his  office years  from  the  time  of  his  installation, 

and  until  his  successor  shall  be  qualified. 

SEC.  3.  There  shall  be  a  Lieutenant  Governor,  who  shall  hold  his 
office : years,  and  be  elected  at  the  same  time  of  the  Gover- 
nor. In  voting  for  Governor  and  Lieutenant  Governor,  the  electors 
shall  designate  for  whom  they  vote  as  Governor,  and  for  whom  as  Lieu- 
tenant Governor.  The  returns  of  every  election  for  Governor  and 
Lieutenant  Governor  shall  be  sealed  up  and  transmitted  to  the  seat  of 
government,  directed  to  the  Speaker  of  the  House  of  Representatives, 
who  shall  open  and  publish  them  in  the  presence  of  both  Houses  of  the 
General  Assembly. 

SEC.  4.  The  person  respectively  having  the  highest  number  of  votes 
for  Governor  and  Lieutenant  Governor,  shall  be  declared  duly  elected  ; 
but  in  case  two  or  more  persons  shall  have  an  equal  and  the  highest 
number  of  votes  for  either  office,  the  General  Assembly  shall,  by  joint 
rote,  forthwith  proceed  to  elect  one  of  the  said  persons  Governor  or 
Lieutenant  Governor,  as  the  case  may  be. 

SEC.  5.  Contested  elections  for  Governor  or  Lieutenant  Governor 
shall  be  determined  by  the  General  Assembly  in  such  manner  as  may  be 
prescribed  by  law. 


71 

SEC.  6.  No  person  shall  be  eligible  to  the  office  of  Governor  or  Lieu- 
tenant Governor  who  shall  not  have  been  a  citizen  of  the  United  States, 
and  a  resident  of  the  State  two  years  next  preceding  the  election,  and 
attained  the  age  of  thirty  years  at  the  time  of  said  election. 

SEC.  7.  The  Governor  shall  be  commander -in- chief  of  the  militia, 
the  army,  and  navy  of  this  State. 

SEC.  8.  He  shall  transact  all  executive  business  with  the  officers  of 
government,  civil  and  military,  and  may  require  information  in  writing 
from  the  officers  of  the  Executive  Department  upon  any  subject  relating 
to  the  duties  of  their  respective  offices. 

SEC.  9.  He  shall  take  care  that  the  laws  are  faithfully  executed. 

SEC.  10.  When  any  office  shall,  from  any  cause,  become  vacant,  and 
no  mode  is  provided  by  the  Constitution  and  laws  for  filling  such  vacan- 
cy, the  Governor  shall  have  power  to  fill  such  vacancy,  by  granting  a 
commission,  which  shall  expire  at  the  end  of  the  next  session  of  the 
General  Assembly,  or  at  the  next  election  by  the  people. 

SEC.  11.  He  may,  on  extraordinary  occasions,  convene  the  General 
Assembly  by  proclamation,  and  shall  state  to  both  Houses,  when  assem- 
bled, tiie  purpose  for  which  they  shall  have  been  convened  ;  and  when  so 
convened,  they  shall  have  no  power  to  legislate  upon  any  subject  save 
that  suggested  in  the  Message  of  the  Governor. 

SEC.  12.  He  shall  communicate,  by  message,  to  the  General  As- 
sembly, at  every  regular -session,  the  condition  of  the  State,  and  rec- 
ommend such  matters  as  he  shall  deem  expedient. 

SEC.  13.  In  case  of  disagreement  between  the  two  Houses  with  re- 
spect to  the  time  of  adjournment,  the  Governor  shall  have  power  to 
adjourn  the  General  Assembly  to  such  time  as  he  may  think  proper, 
Provided,  it  be  not  beyond  the  time  fixed  for  the  regular  meeting  of 
the  next  General  Assembly. 

SEC.  14.  No  person  shall,  while  holding  any  office  under  the  author- 
ity of  the  United  States,  or  this  State,  execute  the  office  of  Governor 
or  Lieutenant  Governer,  except  as  hereinafter  expressly  provided. 

SEC.  15.  The  official  term  of  the  Governor  and  Lieutenant  Govern- 
or shall  commence  on  the of , 

and  on  the  same  day  every year  thereafter. 

SEC.  16.  He  shall  have  power  to  grant  reprieves,  commutations  and 
pardons,  after  conviction,  for  all  offenses  except  treason  and  cases  of 
impeachment,  subject  to  such  regulations  as  may  be  provided  by  law. 
Upon  conviction  for  treason,  he  shall  have  power  to  suspend  the  execu- 


72 

tion  of  the  sentence  until  the  case  shall  be  reported  to  the  General  As- 
sembly at  its  next  meeting,  when  the  General  Assembly  shall  either 
grant  a  pardon,  commute  the  sentence,  direct  the  execution  of  the  sen- 
tence, or  grant  a  further  reprieve.  He  shall  have  power  to  remit  fines 
and  forfeitures,  under  such  regulations  as  may  be  prescribed  by  law  ;  and 
shall  report  to  the  General  Assembly  at  its  next  meeting  each  case  of 
reprieve,  commutation  or  pardon  granted  ;  and  also  all  persons  in  whose 
favor  remission  of  fines  arid  forfeitures  shall  have  been  made,  and  the 
several  amounts  remitted. 

SEC.  17.  In  case  of  the  death,  impeachment,  resignation,  removal 
from  office,  or  other  disability  of  the  Governor,  the  powers  and  duties 
of  the  office  for  the  residue  of  the  term,  or  until  he  shall  be  acquitted, 
or  the  disability  removed,  shall  devolve  upon  the  Lieutenant  Gpvernor. 

SEC.  18.  The  Lieutenant  Governor  shall  be  President  of  the  Sen- 
ate, but  shall  only  vote  when  the  Senate  is  equally  divided :  and  in  case 
of  his  absence,  or  impeachment,  or  when  he  shall  exercise  the  office  of 
Governor,  the  Senate  shall  choose  a  President  pro  tempore. 

SEC.  19.  If  the  Lieutenant  Governor,  while  acting  as  Governor, 
shall  be  impeached,  displaced,  resign,  or  die,  or  otherwise  become  inca- 
pable of  performing  the  duties  of  the  office,  the  President  pro  ttmpore 
of  the  Senate  shall  act  as  Governor  until  the  vacancy  is  tilled,  or  the 
disability  removed  ;  and  if  the  President  of  the  Senate,  for  any  of  the 
above  causes,  shall  be  rendered  incapable  of  performing  the  duties  per- 
taining to  the  office  of  Governor,  the  same  shall  devolve  upon  the 
Speaker  of  the  House  of  Representatives. 

SEC.  20.  There  shall  be  a  seal  of  this  State,  which  shall  be  kept  by 
the  Governor,  and  used  by  him  officially,  and  shall  be  called  the  Great 
Seal  of  the  State  of  Iowa. 

SEC.  21.  All  grants  and  commissions  shall  be  in  the  name  and  by 
the  authority  of  the  people  of  the  State  of  Iowa,  sealed  with  the  Great 
Seal  of  this  State,  signed  by  the  Governor,  and  countersigned  by  the 
Secretary  of  State. 

SEC.  22.  A  Secretary  of  State,  Auditor  of  Public  Accounts,  Treas- 
urer of  State,  Superintendent  of  Public  Instruction,  and  Attorney 
General  shall  be  elected  by  the  qualified  electors,  who  shall  continue  in 
office  two  years.  The  Secretary  of  State  shall  keep  a  fair  register  of 
all  the  official  acts  of  the  Governor,  and  shall,  when  required,  lay  the 
same,  together  with  all  papers,  minutes,  arid  vouchers  relative  thereto, 
before  either  branch  of  the  General  Assembly,  and  shall  perform  such 
other  duties  as  shall  be  assigned  him  by  law. 

SEC.  23.  Every  bill  which  shall  have  passed  the  General  Assembly 


73 

shall  be  presented  to  the  Governor ;  if  he  approve,  he  shall  sign  it ; 
but  if  not,  he  shall  return  it  with  his  objections,  to  the  House  in  which 
it  shall  have  originated,  which  House  shall  enter  the  objections  at  large 
upon  its  Journals,  and  proceed  to  reconsider  the  bill.  If,  after  such 
consideration,  a  majority  of  all  the  members  elected  to  that  House  shall 
agree  to  pass  the  bill,  it  shall  be  sent,  with  the  Governor's  objections, 
to  the  other  House,  by  which  it  shall  likewise  be  reconsidered  ;  and  if 
it  shall  be  approved  by  a  majority  of:  all  the  members  elected  to  that  House, 
it  shall  be  a  law.  If  any  bill  shall  not  be  returned  by  the  Governor 
within  ten  days  (Sundays  excepted)  after  it  shall  have  been  presented 
to  him,  it  shall  be  a  law  without  his  signature,  unless  the  general 
adjournment  shall  prevent  its  return,  in  which  case  it  shall  be  a  law, 
unless  the  Governor,  within  ten  days  next  after  such  adjournment,  shall 
file  such  bill,  with  his  objections  thereto,  in  the  office  of  the  Secretary 
of  State,  who  shall  lay  the  same  before  the  General  Assembly  at  its 
next  session,  in  like  manner  as  if  it  had  been  returned  by  the  Governor. 
But  no  bill  shall  be  presented  to  the  Governor  within  tvvo  days  next  pre- 
vious to  the  final  adjournment  of  the  General  Assembly. 

The  reading  of  said  report  was  dispensed  with,  and, 
On  motion,  the  same  was  ordered  to  lie  on  the  table,   and  that  one 
hundred* copies  thereof  be  printed  for  the  use  of  the  Convention. 

Mr.  Marvin,  from  the  Committee  on  Education  and  School  Lands 
made  the  following 

REPORT. 

Your  Committee  to  whom  was  referred  the  subject  of  Education  and 
School  Lands,  have  had  the  same  under  consideration,  and  after  care- 
ful investigation,  and  mature  deliberation,  the  majority  beg  leave  to 
report  the  following : 

SECTION  1.  The  Educational  interests  of  the  State  to  include  Com- 
mon Schools  and  other  Educational  Institutions,  shall  b.e  under  the  man- 
agement and  control  of  a  Board  of  Education,  which  shall  consist  of 
sixteen  members. 

SEC.  2.  No  person  shall  be  eligible  as  a  member  of  said  Board  who 
shall  not  have  attained  the  age  of  twenty-five  years,  and  been  two  years 
a  citizen  of  the  State. 

SEC.  3.  The  General  Assembly  shall  district  the  State  into  sixteen 
Educational  Districts,  and  one  member  of  said  Educational  Board  shall 
be  chosen  by  the  qualified  electors  of  each  district,  and  shall  hold  their 
offices  for  the  term  of  four  years,  arid  after  the  first  election  under  this 
Constitution,  the  Board  shall  be  divided  by  lot  into  two  equal  classes, 
5* 


74 

and  the  seats  of  the  first  class  shall  be  vacated  after  the  expiration  of 
two  years,  and  one-half  of  the  Board  seall  be  chosen  every  two  years 
thereafter. 

SEC.  4.  The  first  session  of  the  Board  of  Education  shall  be  held  at 
the  seat  of  Government,  after  which,  said  Board  may  fix  the  time  and 
place  of  meeting. 

SEC.  5.  The  session  of  said  Board  shall  be  limited  to  twenty  days, 
and  but  one  session  shall  be  held  in  one  year,  except  upon  extraordinary 
occasions,  when,  upon  the  recommendation  of  two-thirds  of  the  Board, 
the  Governor  may  order  a  special  session. 

SEC.  6.  The  Board  of  Education  shall  organize  by  appointing  from 
their  body  a  presiding  officer,  and  the 'appointment  of  a  Secretary  and 
other  inferior  officers  usual  in  Legislative  Assemblies.  They  shall  keep 
and  publish  a  journal  of  their  proceedings,  which  shall  be  distributed 
in  the  same  manner  as  the  journals  of  the  General  Assembly. 

.SEC.  7.  All  rules  and  regulations  made  by  said  Board,  shall  be  pub- 
lished and  distributed  to  the  several  Counties,  Townships,  and  such 
School  Districts  as  may  be  provided  for  by  said  Board,  and  when  so 
passed,  published,  and  distributed,  they  shall  ha\e  the  force  and  effect 
of  law. 

SEC.  8.  Said  Board  shall  have  full  power  and  authority  to  Legislate 
and  make  all  needful  rules  and  regulations  in  relation  to  Common 
Schools  and  other  institutions  of  learning  that  are  instituted  to  receive 
aid  from  the  School  or  University  funds  of  the  State. 

SEC.  9.  Said  Board  may  appoint  a  Chancellor,  who  shall  have  juris- 
diction over  all  questions  that  may  arise  under  the  laws,  rules  and  reg- 
ulations of  the  Board,  and  from  all  decisions  and  judgments  of  said 
Chancellor,  an  appeal  may  be  taken  to  the  Supreme  Court. 

SEC.  10.  The  Board  of  Education  shall  provide  a  system  of  Com- 
mon Schools',  by  which  a  School  shall  be  organized  and  kept  in  each 
District  at  least  -three  months  in  each  year.  Districts  failing  to  organ- 
ize and  keep  up  a  School,  may  be  deprived  of  their  portion  of  the 
School  Fund. 

SEC.  11.  The  Board  of  Education  shall  establish  one  University, 
which  shall  be  located  at  some  central  point  in  the  State,  Provided, 
that  until  such  time  as  such  location  may  be  made,  and  suitable  build- 
ings erected,  said  University  shall  continue  as  at  present  located. 

SEC.  12.  The  University  lands,  and  the  proceeds  thereof,  and  all 
moneys  belonging  to  said  fund,  shall  be  a  permanent  fund  for  the  sole 
use  of  said  University.  The  interest  arising  from  the  same  shall  be 
annually  appropriated  for  the  support  and  benefit  of  said  University. 


75 

SEC.  13.  The  General  Assembly  shall  encourage,  by  all  suitable 
means,  the  promotion  of  intellectual,  scientific,  moral,  and  agricultural 
improvement.  The  proceeds  of  all  lands  that  have  been,  or  hereafter 
may  be,  granted  by  the  United  States  to  this  State,  for  the  support  of 
Schools,  which  shall  hereafter  be  sold,  or  disposed  of,  and  the  five  hun- 
dred thousand  acres  of  land  granted  to  the  new  States,  under  an  act  of 
Congress,  distributing  the  proceeds  of  the  public  lands  among  the  sev- 
eral States  of  the  Union,  approved  A.  D.  1841,  and  all  estates  of  de- 
ceased persons  who  may  have  died  without  leaving  a  will  or  heir,  and  also 
such  per  cent,  as  may  be  granted  by  Congress,  on  the  sale  of  lands  in 
this  State,  shall  be,  and  remain  a  perpetual  fund,  the  interest  of 
which,  together  with  all  rents  of  the  unsold  lands,  and  such  other  means 
as  the  General  Assembly  may  provide,  shall  be  inviolably  appropriated 
to  the  support  of  Common  Schools  throughout  the  State. 

SEC.  14.  The  money  which  shall  be  paid  by  persons  as  an  equivalent  for 
exemption  from  military  duty,  and  the  clear  proceeds  of  all  fines  col- 
lected in  the  several  counties  for  any  breach  of  the  penal  laws,  shall  be 
exclusively  applied,  in  the  several  counties  in  which  such  money  is  paid, 
or  fine  collected,  among  the  several  School  Districts  of  said  counties, 
in  proportion  to  the  number  of  youths  subject  to  enumeration  in  such 
districts,  to  the  support  of  Common  Schools,  or  the  establishment  of 
Libraries,  as  the  Board  of  Education  shall,  from  time  to  time,  provide. 

SEC.  15.  The  General  Assembly  shall  take  measures  for  the  protec- 
tion, improvement,  or  other  disposition  of  such  lands  as  have  been,  or 
may  hereafter  be  reserved,  or  granted  by  the  United  States,  or  any  per- 
son or  persons,  to  this  State,  for  the  use  of  a  University,  and  the  funds 
accruing  from  the  rents  or  sale  of  such  lands,  or  from  any  other  source 
for  the  purpose  aforesaid,  shall  be,  and  remain,  a  permanent  fund,  the 
interest  of  which  shall  be  applied  to  the  support  of  said  University,  for 
the  promotion  of  literature,  the  arts  and  sciences,  as  may  be  authorized 
by  the  terms  of  such  grant.  And  it  shall  be  the  duty  of  the  General 
Assembly,  as  soon  asamay  be,  to  provide  effectual  means  for  the  improve- 
ment and  permanent  security  of  the  funds  of  said  Univerity. 

SEC.  16.  The  financial  agents  of  the  school  funds  shall  be  the  same, 
that  by  law  receive  and  control  the  State  and  County  revenue,  for  other 
civil  purposes. 

SEC.  17.  The  money  subject  to  the  support  and  maintenance  of 
common  schools  shall  be  distributed  to  the  districts  in  proportion  to  the 
number  of  unmarried  youths,  between  the  ages  of  five  and  twenty-one 
years. 

SEC.  18.  The  Board  of  Education  shall  each  receive  the  same  per 
diem  and  mileage  as  the  compensation  as  members  of  the  General 
Assembly. 


76 

SEC.  19.  A  majority  of  the  Board  of  Education  shall  constitute  a 
quorum  for  the  transaction  of  business,  Provided,  no  rule,  or  regula- 
tion, or  law,  for  the  regulation  and  government  of  the  school  system, 
shall  pass  without  the  sanction  of  the  majority  of  all  the  members  of 
the  Board,  which  shall  be  expressed  by  the  yeas  and  nays,  on  the  final 
passage. 

A.  H.  MARVIN, 

Chairman. 

The  reading  of  said  report  was  dispensed  with,  and, 

On  motion,  the  same  was  ordered  to  lie  on  the  table,  and  that  one 
hundred  copies  thereof  be  printed  for  the  use  of  the  Convention. 

Mr.  Skiff  moved  that  the  Convention  adjourn  until  to-morrow  morn- 
ing at  10  o'clock ; 

Which  motion  was  agreed  to,  and  the  Convention  then  adjourned. 


THURSDAY  MORNING,  JANUARY  29,  1857. 

At  ten  o'clock  A.  M.  the  Convention  came  to  order,  the  President  in 
the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

Mr.  Ells,  from  the  Committee  on  Education  and  School  Lands,  pre- 
sented the  following  minority 

REPORT. 

The  majority  of  the  Committee  to  whom  was  referred  the  subject  of 
Education  and  School  Lands,  having  agreed  to  report  in  favor  of  a 
Board  of  Education,  elected  by  districts,  and  clothed  with  exclusive  leg- 
islative powers  in  all  cases  involving  Common  Schools,  Colleges,  and 


77 

Universities;  also,  in  favor  of  a  Chancellor's  Court  empowered  to  deter- 
mine all  questions  arising  out  of  the  action  of  said  Board,  or  in  any 
way  connected  therewith — the  undersigned,  being  unable  to  agree  with 
said  majority  in  their  reasonings  and  conclusions,  asks  leave  to  make  a 
counter  report.  Without  attempting  to  discuss  the  details  of  said  sys- 
tem of  educational  government  embraced  in  said  report,  the  under- 
signed would  briefly  state  that  he  objects  to  the  proposed  amendments 
to  the  Constitution : — 1st.  Because  fhey  assume  to  do  that  which  prop- 
erly belongs  to  the  legislative  department  of  the  State  ;  2d.  Because 
said  Board  of  Education  are  clothed  with  powers  dangerous,  as  prece- 
dents, to  the  liberties  of  a  free  and  enlighted  people  ;  3d.  Because  the 
system  therein  proposed  could  not  be  altered  or  amended  without  an 
amendment  to  the  Constitution  of  the  State.  For  these  and  other  ob- 
vious reasons,  the  undersigned  disagrees  with  the  majority  of  said  com- 
mittee, and  respectfully  submits  for  the  consideration  of  the  Convention, 
the  following,  as  Article  10,  of  the  Constitution  : 

ARTICLE  X. — Education  and  School  Lands. 

SECTION  1.  The  General  Assembly  shall  provide  for  the  election  or 
appointment  of  a  Board  of  Education,  to  be  composed  of  twelve  per- 
sons, who  shall  be  the  Trustees  of  the  University,  and  shall  have  the 
general  charge  and  control  of  education  in  the  State.  They  shall  have 
power  to  appoint  a  Secretary  of  the  Board,  who  shall  be  their  executive 
agent,  and  perform  such  duties  as  may  be  imposed  upon  him  by  the 
Board  of  Education  or  the  laws  of  the  State. 

SEC.  2.  Knowledge  and  learning,  generally  diffused  throughout  a 
community,  being  essential  to  the  preservation  of  a  free  government,  it 
shall  be  the  duty  of  the  General  Assembly  to  encourage,  by  all  suitable 
means,  moral  intellectual,  scientific,  and  agricultural  improvements,  and 
to  provide  bylaw  for  a  general  and  uniform  system  of  Common  Schools, 
wherein  tuition  shall  be  without  charge,  and  equally  open  to  all.  The 
proceeds  of  all  lands  that  have  been  or  hereafter  may  be  granted  by  the 
United  States  to  this  State,  for  the  support  of  schools,  which  shall 
hereafter  be  sold  or  disposed  of,  and  the  five  thousand  acres  of  land 
granted  to  the  new  States,  under  an  act  of  Congress  distributing  the 
proceeds  of  the  public  lands  among  the  several  States  of  the  Union, 
approved  A.  D.  1841,  and  all  estates  of  deceased  persons,  who  may  have 
died  without  leaving  a  will  or  heir,  and  also  such  per  cent,  as  may  be 
granted  by  Congress  on  the  sale  of  lands  in  this  State,  shall  be  and 
remain  a  perpetual  fund,  the  interest  of  which,  together  with  all  the 
rents  of  the  unsold  lands,  and  such  other  means  as  the  General  Assem- 
bly may  provide,  shall  be  inviolably  appropriated  to  the  support  of  Com- 
mon Schools  throughout  the  State. 

SEC.  3.  The  money  which  shall  be  paid  by  persons  as  an  equiva- 


78 

lent  for  exemption  from  military  duty,  and  the  clear  proceeds  of  all 
fines  collected  in  the  several  counties  for  any  breach  of  the  penal  laws, 
shall  be  exclusively  applied,  in  the  several  counties  in  which  such  money 
is  paid  or  fine  collected,  among  the  several  school  districts  of  said  coun- 
ties, in  the  proportion  to  the  number  of  inhabitants  in  such  districts, 
to  the  support  of  Common  Schools,  or  the  establishment  of  libraries, 

as  the  General  Assembly  shall,  from  time  to  time,  provide  by  law. 

* 

SEC.  4.  The  General  Assembly  shall  take  measures  for  the  protec- 
tion, improvement,  or  other  disposition  of  such  lands  as  have  been  or 
may  hereafter  be  reserved  or  granted  by  the  United  States,  or  any  per- 
son or  persons,  to  this  State,  for  the  use  of  a  University ;  and  the  funds 
accruing  from  the  rents  or  sale  of  such  lands,  or  from  any  other  source, 
for  the  purpose  aforesaid,  shall  be  and  remain  a  permanent  fund,  the 
interest  of  which  shall  be  applied  to  the  support  of  said  University, 
with  such  branches  as  the  public  convenience  may  hereafter  demand, 
for  the  promotion  of  literature,  the  arts  and  sciences,  as  may  be  author- 
ized by  the  terms  of  such  grant.  And  it  shall  be  the  duty. of  the  Gen- 
eral Assembly,  as  soon  as  may  be,  to  provide  effectual  means  for  the 
improvement  and  permanent  security  of  the  funds  of  said  University. 

All  of  which  is  respectfully  submitted. 

GEO.  W.  ELLS. 

The  reading  of  said  report  was  dispensed  with,  and , 
On  motion,  the  same  was  ordered  to  lie  on  the  table,  and  that  one 
hundred  copies  thereof  be  printed  for  the  use  of  the  Convention. 

Mr.  Wilson  presented  the  petition  of  Jesse  Lloyd  and  thirty-six  others, 
citizens  of  Perm  Township.  State  of  Iowa,  praying  that  the  time  of  the 
meeting  of  the  Legislature  may  be  changed  from  the  first  Monday  in 
December  to  the  first  Monday  in  January,  and  that  the  time  of  holding 
the  elections  be  changed  from  the  first  Monday  in  August  to  the  first 
Monday  in  October  ; 

Which  was  read,  and, 

On  motion,  was  referred  to  the  Committee  on  Distribution  of  Powers 
and  Legislative  Department. 

Mr.  Gibson,  from  the  Committee  on  Amendments  to  the  Constitution, 
presented  the  following  minority 

REPORT. 

The  committee  on  Amendments  to  the  Constitution  have  had  the  same 
under  consideration  and  the  undersigned  beg  leave  to  make  the  follow- 
in  inority  report : 


79 

That  in  our  opinion  it  is  inexpedient  to  submit  the  matter  of  amend- 
ment of  the  Constitution  to  the  people  once  in  ten  years  unless  the  pe"o- 
ple  so  require  through  their  Legislature  ;  and,  we  therefore  submit  the 
following  to  be  substituted  in  place  of  Sec.  2,  in  the  majority  report  : 

If  at  any  time  the  General  Assembly  shall  think  it  necessary  to  revise 
or  amend  this  Constitution,  they  shall  provide  by  law  for  a  vote  at  the 
next  ensuing  election  for  members  of  the  General  Assembly ;  in  case  a 
majority  of  the  people  vote  in  favor  of  a  Convention,  said  General  As- 
sembly shall  provide  for  an  election  of  delegates  to  a  Convention  to  be 
held  within  twelve  months  after  the  vote  of  the  people  in  favor  thereof. 

H.  D.  GIBSON, 
TIMOTHY  DAY. 

Which  was  read,  ordered  to  lie  on  the  table  and  that  one  hundred 
copies  thereof  be  printed  for  the  use  of  the  Convention. 

Mr.  Clarke,  of  Henry,  offered  the  following  resolution,  and  moved 
its  reference  to  the  Committee  on  Preamble  and  Bill  of  Rights  : 

Resolved,  That  the  Committee  on  Bill  of  Rights  be  requested  to 
report  the  following  sections  or  their  equivalent  : 

1.  That  all  elections  ought  to  be  free,  and  that  all  men  having  suffi- 
cient evidence  of  permanent  interest  with,  and  attachment  to,  the  com- 
munity, have  the  right  of  suffrage,  and  cannot  be  taxed  or  deprived  of 
their  property  for  public  uses,  without  their  own  consent,  or  that  of  their 
representatives  so  elected,  nor  bound  by  any  law  to  which  they  have  not 
in  like  manner  assented  for  the  public  good. 

2.  That  no  man,  or  set  of  men,  are  entitled  to  exclusive  or  separate 
emoluments  or  privileges  from  the  community,  but  in  consideration  of 
public  services  rendered  by  him  ;  and  in  the  same  manner,  no  sect,  class 
or  party  of  men,  shall  as  such  sect,  class  or  party  be  cut  off  or  debarred 
from  the  enjoyment  of  all  political  and  legal  rights  and  privileges  to 
which  the  citizens  \  of  the  State  are  entitled  ; 

Which  was  adopted,  and  the  Resolution  was  so  referred. 

Mr.  Clarke,  of  Henry  offered  the  following,  and  moved  its  reference 
to  the  Committee  on  Judicial  Department : 

Resolved,  That  the  Committee  on  Judiciary  be  requested  to  report  in 
favor  of  electing  all  Judicial  officers  by  the  people  ; 

Of  dividing  the  State  into  four  Judicial  Districts  ; 

Of  a  Supreme  Court  of  four  Judges,  one  from  each  Judicial 
District ; 

Of  four  Circuit  Judges  to  hold  Circuit  Courts  in  each  District,  any 
one  to  preside ; 


80 

That  the  Circuit  Judges  sit  in  Bank  and  constitute  a  District  Court, 
having  appellate  jurisdiction  from  the  Circuits  ; 

That  no  Circuit  Judge  shall  vote  upon  an  appeal  taken  from  his  own 
decisions ; 

That  the  General  Assembly  may  provide  by  law  for  one  of  the  Su- 
preme Court  Judges  presiding  in  certain  cases  in  the  District  Court ; 
or  for  the  District  Judge  of  one  District,  sitting  in  certain  cases  on  the 
bench  in  another  District ; 

That  appeal  shall ibe  from  District  to  Supreme  Court ; 

That  under  certain  circumstances  provided  by  law  appeal  may  be  di- 
rectly from  Circuit  Court  to  Supreme  Court ; 

Which  was  adopted,  and  the  resolution  was  so  referred. 

On  motion, 

The  Resolution  of  Inquiry  offered  yesterday  by  Mr.  Clarke,  of  Ala- 
makee,  and  which  was  laid  upon  the  table,  was  taken  up,  as  follows  : 

Resolved,  That  the  Committee  on  Art.  5  of  the  Constitution  be  in- 
structed to  take  into  consideration  and  report  upon  tbe  propriety  of  so 
amending  the  same,  that  the  following  provisions,  or  their  equivalent, 
shall  be  incorporated  therein,  viz  : 

1.  There  shall  be  a  Court  of  Appeals  composed   of  five  Judges, 
having  appellate  jurisdiction.     Said   Judges  shall  be  elected  by  the 
electors  of   the  State  at  large,  and  shall  be  so  classified,    that  one  of 
said  Judges  shall  go  out  of  office  in  one  year,  one  in  two  years,  one  in 
three  years,  one  in  four  years,  and  one  in  five  years  from  the  time  of 
their  election,  after  which  several  times  the  said  Judges  shall  hold  their 
office  for  five  years  respectively  and  until   their   successors  are  elected 
and  qualified.     Provision  shall  be  made  by  law  for  designating  one  of 
said  Judges  as  Chief  Justice  thereof :  said  Judges,  one  of   whom  shall 
"be  the  Chief  Justice,  so  designated,  shall  be  necessary  to  form  a  quorum 
to  perform  the  business  of  said  Court. 

2.  There  shall  be  a  Supreme  Court,  having  general  jurisdiction  in 
law  and  equity. 

3.  The  State  shall  be  divided  into  three  Judicial  Districts,  to  be 
bounded  by  county  lines  and  to  be  compact  and  equal  in  population  as 
nearly  as  may  be.     There  shall  be  four  Justices  of  the  Superior  Court 
in  each  District.     They  shall  be  classified  so  that  one  of  their  number 
in  each  District  shall  go  out  of  office  at  the  end  of  one  year,  one  in  two 
years,  one  in  three  years,  and  one  in  four  years,  after  the  end  of  their 
term  under  such  classification,  the  term   of   their   office  shall  be  five 
years. 


81 

4.  The  Legislature  shall  have  the  same  powers  to  alter  and  regulate 
the  jurisdiction  and  proceedings  in  law  and  equity  as  they  have  hereto- 
fore possessed. 

5.  Provision  may  be  made  by  law  for  desiginating,  from  time  to 
time,  one  of  the  said  Justices,  who  is  not  a  Judge  of  the  Court  of  Ap- 
peals to  preside  at  the  general  terms  of  the  said  Court  to  be  held  in  the 
several  Districts.     Any  three  or  more  of  said  Justices,  of  whom  one  of 
said  Justices  so  designated  shall  be  one,  may  hold  such  general  terms. 
And  any  one  or  more  of  said  Justices  may  hold  special  terms,  and  be 
required  to  hold  the  Circuit  Courts  in  their  respective  districts. 

6.  The  Judges  of  the  Court  of  Appeals  and  Justices  of  the  Supreme 
Court  shall  severally  receive  at  stated  times,  for  their  services,  a  com- 
pensation to   be  established  by  law,  which  shall  not  be  increased  or  di- 
minished during  their  continuance  in  office. 

7.  They  shall  not  hold  any  other  office  or  public  trust.     All  votes  for 
either  of  them  for  any  elective  office  shall  be  void.     They  shall  not  ex- 
ercise any  power  of  appointment  to  public  office.     Any  male  citizen  of 
the  age  of  twenty- one  years,  of  good  moral  character  and  who  possesses 
the  requisite  qualifications  of  learning  and  ability,  shall  be  entitled  to 
admission  to  practice  in  all  the  courts  of  this  State. 

8.  The  classification  of  the  Justices  of  the  Supreme  Court,  the  times 
and  places  of  holding  the  terms  of  the  Court  of  Appeals  and   of  the 
general  and  special  terms  of  the  Supreme  Court,  and  also  the  times  and 
places  of  holding  the  Circuit  Courts,  within  the  several  districts,  shall 
be  provided  for  by  law. 

9.  The  testimony  in  equity  causes  shall  be  taken  in  like  manner  as 
in  causes  at  law. 

10.  The  Judges  of  the  Supreme  Court  shall  be  elected  by  the  electors 
of  the  several  Judicial  Districts  and  the  Judges  of  the  Court  of  Appeals 
by  the  electors  of  the  State  at  large  at  such  times  as  may  be  prescribed 
by  law. 

11.  The  General  Assembly  may  reorganize  the  Judicial  Districts  as 
the  necessities  of  the  people  may  require. 

12.  The  Legislature  shall  establish  such  other  Inferior  Courts  as  may 
be  deemed  necessary. 

By  general  consent,  the  amendment  to  the  motion  to  adopt  said  reso- 
lution, relative  to  having  it  not  entered  at  length  on  the  Journal, 
was  withdrawn  by  the  mover,  and 

The  Resolution  was  then  adopted,  and  referred  to  the  Committee  on 
Judicial  Department, 
6 


82 

Mr.  Gray  offered  the  following  resolutions  : 

1.  Resolved,  That  when  this  Convention  adjourns  for  the  day,  it 
will  adjourn  to  meet  during  the  remainder  of  the  session  in  the  Senate 
Chamber  of  this  Capitol. 

2.  Resolved,  That  when  the  Convention  removes  from  this  room  to 
the  Senate  Chamber,  each  member  shall  be  assigned  the  seat  and  desk 
occupied  by  the  Senator  from  his  respective  district,  unless  an  exchange 
may  be  made  by  agreement  with  another  member. 

Mr.  Harris  moved  to  amend  by  striking  out  of  the  second  resolution 
the  words  "the  seat  and  desk  occupied  by  the  Senator  from  his  respec- 
tive district  unless"  and  inserting  in  lieu  thereof,  the  words  '.'his  seat 
by  lot,  and  that ;" 

Which  motion  was  agreed  to,  and  the  resolutions,  as  amended,  were 
adopted. 

Mr.  Skiff  offered  the  following : 

Resolved,  That  we  proceed  now  to  draw  lots  for  our  seats  in  the 
Senate  Chamber ; 

Mr.  Clarke,  of  Johnson,  moved  to  amend  said  resolution  by  adding 
thereto  the  following  : 

"And  that  Messrs.  Todhunter  and  Harris  be  a  committee  to  number 
the  seats  in  Senate  Chamber,  and  that  each  member  be  entitled  to 
the  seat,  the  number  of  which  he  may  draw." 

Mr.  Clarke,  of  Henry,  offered  the  following,  as  a  substitute: 
Resolved,  That  the   Secretary  prepare   thirty- five   slips    of    paper 
numbered  from  one  to  thirty-five  inclusive  and  that  members  draw  and 
have  choice  of  seats  according  to  their  numbers — number  one  having 
first  choice,  &c. 

Which  was  not  agreed  to. 

The  amendment  offered  by  Mr.  Clarke,  of  Johnson,  was  then  agreed 
to,  and 

The  resolution,  as  amended,  was  adopted. 

Mr.  Parvin,  from  the  Committee  on  Distribution  of  Powers  and  Leg- 
islative Department,  made  the  following 

REPORT. 

The  Committee  on  the  Distribution  of  Powers,  and  the  Legislative 
Department,  have  instructed  me  to  make  the  following  report : 


83 

1.  The  legislative  authority  of  this  State  shall  be  vested  in  a  Seriate 
and  House  of  Representatives,  which  shall  be  designated  the  General 
Assembly  of  the  State  of  Iowa  ;  and  the  style  of  their  laws  shall  com- 
mence in  the  following  manner  :  "Be  it  enacted  by  the  General  Assem- 
bly of  the  State  of  Iowa." 

2.  The  sessions  of  the  General  Assembly  shall  be  biennial,  and  shall 
commence  on  the  second  Monday  of  January  next  ensuing  the  election 
of  its  members  ;  unless  the  Governor  of  the  State  shall,  in  the  interim, 
convene  the  General  Assembly  by  proclamation. 

3.  The  members   of  the  House  of  Representatives  shall  be  chosen 
every  second  year,  by  the  qualified  electors  of  their  respective  districts, 
on  the  second  Tuesday  in  October,  except  the  years  of  the  Presidential 
election,    when  tho  election  shall  be  on  the  Tuesday  next  after  the  first 
Monday  in  November  ;  whose  term  of   office   shall  continue  two  years 
from  the  Tuesday  next  after  the  first  Monday  in  November. 

4.  No  person  shall  be  a  member  of  the  House  of  Representatives  who 
shall  not  have  attained  the  age  of  twenty-  one  years  ;  be  a  free  white  mule 
citizen  of  the  United  States,  and  have  been  an  inhabitant  of  this  State 
one  year  next  preceding  his  election  ;  and  at  the  time  of  his  election 
have  an  actual  residence  of  thirty  days  in  the  county  or  district  he  may 
be  chosen  to  represent. 

5.  Senators  shall  be  chosen  for  the  term  of  four  years,  at  the  same 
time  and  place  as  Representatives  ;  they  shall  be  twenty-five  years  of 
age,   and  possess  the   qualifications  of  Representatives  as  to  residence 
and  citizenship. 

6.  The  number  of  Senators  shall  not  be  less  than  one-third,  nor  more 
than  one-  half  the  Representative  body.       The  present  Senators  shall 
remain  in  office  during  the  term  for  which  they  were  elected,  and  shall 
bo  divided  into  two  classes.       Those  Senators  whose  term  of  office  ex- 
pires on  the  first  Monday  in  August,  1858,  shall  be  one  class,  and  those 
Senators  whose  term  of  office  expires  on  the  first  Monday  in  August, 
1860,  shall   be  the  other  class  ;  so  that  one-half  shall  be  chosen  every 
two  years. 

7.  When  the  number  of  Senators  is  increased,  they  shall  be  annexed 
by  lot  to  one  of  the  two  classes,  so  as  to  keep  them  as  nearly  equal  in 
number  as  practicable. 

8.  Each  House  shall  choose  its  own  officers,  and  judge  of  the  qualifi- 
cation, election,  and  return  of  its  own  members.     A  contested  election 
shall  be  determined  in  such  manner  as  shall  be  directed  b    law. 


9,  A  majority  of  each  House  shall   constitute  a  quorum  to  do 
ness  ;  but  a  smaller  number  may   adjourn  from  day  to  day,  and  may 


84 

compel  the  attendance  of  absent  members  in  such  manner  and  under 
such  penalties  as  each  House  may  provide. 

10.  Each  House  shall  sit  upon  its  own  adjournments,  keep  a  journal 
of  its  proceedings,  and  publish  the  same ;  determine  its  rules  of  pro- 
ceedings, punish  members  for  disorderly  behavior,  and,  with  the  consent 
of  two- thirds,  expel  a  member,  but  not  a  second  time  for  the  same  of- 
fense ;  and  shall  have  all  other  powers  necessary  for  a  branch  of  the 
General  Assembly  of  a  free  and  independent  State. 

•  11.  Every  member  of  the  General  Assembly  shall  have  the  liberty 
to  dissent  from,  or  protest  against,  any  act  or  resolution  which  he  may 
think  injurious  to  the  public  or  an  individual,  and  have  the  reasons  for 
his 'dissent  entered  on  the  journals  ;  and  the  yeas  and  nays  of  the  mem- 
bers of  either  House,  on  any  question,  shall,  at  the  desire  of  any  two 
members  present,  be  entered  on  the  journals. 

12.  Senators  and  Representatives,  in  all  cases,  except  treason,  felony 
or  breach  of  the  peace,  shall  be  privileged  from  arrest  during  the  ses- 
sion of  the  General  Assembly,  and  in  going  to  and  returning  from  the 
same. 

13.  When  vacancies  occur  in  either  House,  the  Governor,  or  the  per- 
son exercising  the  functions  of  Governor,  shall  issue  writs  of  election 
to  fill  such  vacancies. 

14.  The  doors  of  each  House  shall  be  open,  except  on  such  occasion 
as,  in  the  opinion  of  the  House,  may  require  secrecy. 

15.  Neither  House  shall,  without  the  consent  of  the  other,  adjourn 
for  more  than  three  days,  nor  to  any  other  place  than  that  in  which  they 
may  be  sitting. 

16.  Bills  may  originate  in  either  House,  and  maybe  amended,  alter- 
ed, or  rejected  by  the  other  ;  and  every  bill  having  passed  both  House*, 
shall  be  signed  by  the  Speaker  and  President  of  their  respective  Houses. 

17.  Every  bill  which  shall  have  passed  the  General  Assembly,  i*hall. 
before  it  becomes  a  law,  be  presented  to  the  Governor.     If  he  approve, 
he  shall  sign  it ;   but  if  not,  he  shall  return  it  with  his  objections  to  the 
House  in  which  it  originated,  which  shall  enter  the  same  upon  the  jour- 
nal and  proceed  to  reconsider  it,  if,  after  such  reconsideration,  it  again 
pass  both  Houses,  by  yeas  and  nays,  by  a  majority  of  two-thirds  of  the 
members  of  each  House  present,  it  shall  become  a  law,  notwithstanding 
the    Governor's    objections.     If   any  bill  shall  not  be  returned  within 
three  days  after  it  shall  have  been  presented  to  him,  Sundays  excepted, 
the  same  shall  be  a  law  in  like  manner  as  if  he  had   signed   it,    unless 
the  General  Assembly,  by  adjournment,  prevent  such  return. 


85 

18.  No  bill  shall  be  passed  unless  by  the  assent  of  a  majority  of  all 
the  members  elected  to  each  branch  of  the  General  Assembly,  and  the 
question  upon  the  final  passage  shall  be  taken  immediately  upon  its  last 
reading,  and  the  yeas  and  nays  entered  on  the  journal. 

19.  An  accurate  statement  of   the  receipts  and  expenditures  of   the 
public  money,  shall  be  attached  to  and  published  with  the  laws,  at  every 
regular  session  of  the  General  Assembly. 

20.  The  House  of  Representatives  shall  have  the  sole  power  of   im- 
peachment, and  all  impeachments  shall  be  tried  by  the  Senate.     When 
sitting  for  that  purpose,  the  Senators  shall  be  upon  oath  or  affirmation  ; 
and  no  person  shall  be  convicted  without  the  concurrence  of   two- thirds 
of  the  members  present. 

21.  The  Governor,  Secretary  of   State,  Auditor,  Treasurer,  Judges 
of  the  Supreme  and  District  Courts,  Superintendent  of  Public  Instruc- 
tion, and  Attorney  General,    shall  be  liable  to  impeachment   for   any 
misdemeanor  in  office ;  but  judgment  in  such  cases  shall  extend  only  to 
removal  from  office,  and  disqualification  to  hold  any  office   of   honor, 
trust,  or  profit,  under  this  State  ;  but  the  party  convicted  or  acquitted 
shall  nevertheless  be  liable  to  indictment,  trial,  and  punishment,  accord- 
ing to  law.     All  other  civil  officers  shall  be  tried  for  misdemeanors  in 
office,  in  such  manner  as  the  General  Assembly  may  provide. 

22.  No  Senator  or  Representative   shall,    during  the  time  for  which 
he  shall  have  been  elected,  be  appointed  to  any  civil  office  of  profit  un- 
der this   State,  which  shall  have  been  created,   or  the  emoluments    of 
wjiich  shall  have  been  increased  during  such  term,  except  such  offices  as 
may  be  filled  by  elections  by  the  people. 

23.  No  person  holding  any  lucrative  office  under  the  United  States, 
or  this  State,   or  any  other  power,  shall  be  eligible  to  the  General  As- 
sembly :     Provided,  that  offices  in  the  militia,    to  which  there  is  at- 
tached no  annual  salary,  or  the  office  of  justice  of  the  peace,  or  post- 
masters whose  compensation  does  not   exceed  one  hundred  dollars  per 
annum,  or  notary  public,  shall  be  deemed  lucrative. 

24.  No  person  who  may  hereafter  be  a  collector  or  holder  of  public 
moneys,  shall  have  a  seat  in  either  House  of  the  General  Assembly, 
or  be  eligible  to  any  office  of  trust  or  profit  under  this  State,  until  he 
shall  have  accounted  for  and  paid  into  the  treasury  all  sums  for  which 
he  may  be  liable. 

25.  No  money  shall  be  drawn  from  the  treasury  but  in  consequence 
of  appropriations  made  by  law. 

26.  Each  member  of  the  General  Assembly  shall  receive  a  compen- 
sation to  be  fixed  by  law,  for  his  services,  to  be  paid  out  of  the  treasury 


86 

of  the  State.  Such  compensation  shall  not  exceed  three  dollars  per 
day  for  the  period  of  sixty  days  from  the  commencement  of  the  session, 
and  shall  not  exceed  the  sum  of  two  dollars  per  day  for  the  remainder 
of  the  session  ;  when  convened  in  extra  session  by  the  Governor,  they 
shall  receive  such  sums  per  diem  as  shall  be  fixed  for  the  first  sixty 
days  of  the  ordinary  session.  They  shall  also  receive  three  dollars  for 
every  twenty  miles  they  travel,  in  going  to  and  returning  from  their 
place  of  meeting,  on  the  nearest  traveled  route. 

27.  No  law  of  the  General  Assembly,  of  a  public  nature,  shall  take 
effect  until  the  fourth  day  of  July  next  after  the  passage  thereof.     If 
the  General  Assembly  shall  deem  any  law  of  immediate  importance, 
they  may  provide  that  the  same  shall  take  effect  by  publication  in  news- 
papers in  the  State. 

28.  No  divorce  shall  be  granted  by  the  General  Assembly. 

29.  No  lottery  shall  be  authorized  by  this  State  ;  nor  shall  the  sale  of 
lottery  tickets  be  allowed. 

30.  Every  act  shall  embrace  but  one  subject,  and  matters  properly 
connected  therewith  ;  which  subject  shall  be  expressed  in  the  title.     But 
if  any  subject  shall  be  embraced  in  an  act  which  shall  not  be  expressed 
in  the  title,  such  act  shall  be  void  only  as  to  so  much  thereof  as  shall  not 
be  expressed  in  the  title. 

31.  The  General  Assembly  shall  not  pass  local  or  special  laws  in  the 
following  cases  : 

For  the  assessment  and  collection  of  taxes  for  State,  county  or  road 
purposes  ; 

For  laying  out,  opening  and  working  on  roads  or  highways  ; 

For  changing  the  names  of  persons  ; 

For  the  incorporation  of  cities  or  towns  ; 

For  vacating  roads,  town  plats,  streets,  alleys,  or  public  squares  ; 

In  all  the  cases  above  enumerated,  and  in  all  other  cases  where  a  gen- 
eral law  can  be  made  applicable,  all  laws  shall  be  general,  and  of  uni- 
form operation  throughout  the  State. 

32.  No  extra  compensation  shall  be  made  to  any  officer,  public  agent, 
or  contractor,  after  the  service  shall  have  been  rendered,  or  the  con- 
tract entered  into  ;  nor,  shall  any  money  be  paid  on  any  claim  the  sub- 
ject matter  of  which  shall  not  have  been  provided  for  by  pre-existing 
laws,  and  no  public  money  or  property  shall  be  appropriated  for  local, 
or  private  purposes,  unless  such  appropriation,  compensation,  or  claim, 
be  allowed  by  two-thirds  of  the  members  elected  to  each  branch  of  the 
General  Assembly. 

33.  Members  of  the  General  Assembly  shall,  before  they  enter  upon 


87 

the  duties  of  their  respective  offices,  take  and  subscribe  the  following 
oath  or  affirmation  :  "I  do  solemnly  swear,  or  affirm,  (as  the  case  may 
be,)  that  I  will  support  the  Constitution  oc  the  United  States,  and  the 
Constitution  of  the  State  of  Iowa,  and  that  I  will  faithfully  discharge 
the  duties  of  Senator,  (or  Representative,  as  the  case  may  be,)  accord- 
ing to  the  best  of  my  ability."  And  members  of  the  General  As- 
sembly are  hereby  empowered  to  administer  to  each  other  the  said  oath 
or  affirmation. 

34.  The  General  Assembly  shall,  in  the  years  1856,  1862,  1864, 
1866,  1868,  and  1875,  and  every  ten  years  thereafter,  cause  an  enu- 
meration to  be  made,  of  all  the  white  inhabitants  of  the  State. 

35.  The  number  of  Senators  and  Representatives  shall,  at  the  next 
session  following  each  period  of  making  such  enumeration,  and  the  next 
session  following  each  United  States  census,  be  fixed  by  law,  and  appor- 
tioned among   the  several  counties,  according  to  the  number  of  white 
inhabitants  in  each. 

36.  The  Senate  shall  not  consist  of  more  than  fifty  members,  nor  the 
House  of  Representatives  of  more  than  one  hundred. 

37.  When  a  Congressional,  Senatorial,  or  Representative  District 
shall  be  composed  of  two  or  more  counties,  it  shall  not  be  entirely  separa- 
ted by  any  county  belonging  to  another  district ;  and  no  county  shall  be 
divided  in  forming  a  Congressional,  Senatorial  or  Representative  district. 

38.  In  all  elections  by  the  General  Assembly,  the  members  thereof 
shall  vote  viva  voce ;  and  the  votes  shall  be  entered  on  the  journal. 

39.  The  annual  salary  of  the  Governor  shall  not  exceed  twenty-five 
hundred  dollars  ;  Secretary,  Treasurer,  and  Auditor  of  State,  fifteen 
hundred  dollars  each;  Judges  of  the  Supreme  Court,  twenty- five  hun- 
dred dollars  each ;  Judges  of  the  District  two  thousand  dollars  each. 

Respectfully  submitted. 

J.  A.  PARVIN, 

Chairman. 

The  reading  of  said  report  was  dispensed  with,  and, 
On  motion,  the  same  was  ordered  to  lie  on  the  table,  and  that  one 
hundred  copies  thereof  be  printed  for  the  use  of  the  Convention. 

Mr.  Clarke,  of  Henry,  moved  to  take  up  the  resolution  offered  by  him 
yesterday,  relative  to  entering  resolutions,  reports,  &c.,  at  length  upon 
the  Journal,  and  which,  under  the  rule  of  the  Convention,  was  laid  over 
for  one  day  before  being  acted  upon ; 

Which  motion  was  agreed  to. 


88 

Mr.  Hall  moved  a  substitute  for  said  resolution,  as  follows  : 

Resolved,  That  resolutions  offered  merely  for  reference  to  the  Stand- 
ing Committees  shall  not  be  entered  at  large  upon  the  Journal,  unless 
special  instructions  are  given  by  the  Committee  or  the  Convention  to 
that  effect : 

Mr.  Edwards  moved  to  indefinitely  postpone  the  consideration  of  said 
resolution ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  affirmative  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Gower, 

B.unker,  Gray, 

Clarke,  of  Henry,  Marvin, 

Clarke,  of  Johnson,  Parvin, 

Clark,  of  Alamakee,  Scott, 

Day,  Seely, 

Edwards,  Skiff, 

Ells,  Traer, 

Emerson,  Wilson, 

Gibson,  Young, 
Springer  (Prest.,)— 21. 

NAYS. 

Messrs.  Cotton,  Messrs.  Patterson, 

Gillaspy,  Peters, 

Johnston,  Robinson, 

Hall,  Solomon, 

Palmer,  Warren, 
Winchester — 11. 

Mr.  Hall  moved  to  take  up  the  resolution  offered  by  him  on  Tues- 
day last,  and  which,  under  the  rule  of  the  Convention,  was  laid  over 
one  day  before  being  acted  upon,  as  follows : 

Resolved,  That  after  this  day,  resolutions  shall  not  be  in  order,  of- 
fered for  the  purpose  of  reference  to  the  Standing  Committees,  in- 
structing them  to  inquire  as  to  the  propriety  of  adopting  indicated 
propositions  ; 

Which  was  agreed  to. 

Mr.  Ells  moved  to  amend  said  resolution,  by  inserting  between  the 
words  "Committees"  and  "instructing"  the  words  "who  have  re- 
ported ;" 

Which  amendment  was  accepted  by  the  mover. 


89 

Mr.  Traer  moved  to  indefinitely  postpone  said  resolution  : 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  negative  as  follows  : 


YEAS. 

Messrs.  Bunker, 

Clarke,  of  Johnson, 
Clark,  of  Alamakee, 
Edwards, 

Wilson— 9. 

NAYS. 

Messrs.  Ayers, 

Clarke,  of  Henry, 
Cotton, 
Day, 
Ells, 

Emerson, 
Gibson, 
Gillaspy, 
Gray, 
.  Hall, 
Marvin, 
Palmer, 
Patterson, 

The  resolution  was  then  adopted. 


Messrs.  Gower, 
Harris, 
Johnston, 
Traer, 


Messrs.  Peters, 
Parvin, 
Price, 
Robinson, 
Scott, 
Seely, 
Skiff, 
Solomon, 
Todhunter, 
Warren, 
Winchester, 
Young, 
Springer,  (P.)  26. 


The  Committee  to  whom  the  duty  was  assigned  of  numbering  the 
seats  in  the  Senate  Chamber,  having  returned,  the  Convention  pro- 
ceeded to  draw  lots  for  said  seats  respectively : 

Which,  having  been  concluded, 

Mr.  Johnson  asked  leave  of  absence  for  Mr.  Cotton  from  the  sit- 
tings of  the  Convention ; 

Which  was  unanimously  granted. 

On  motion  of  Mr.  Clarke,  of  Johnson, 

The  Convention  adjourned  until  ten  o'clock  to-morrow  morning. 


6* 


90 


FRIDAY  MORNING,  JANUARY  30,  1857. 

At  ten  o'clock,  A.  M. ,  the  Convention  came  to  order  in  the  Senate 
Chamber,  the  President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

Mr.  Clarke,  of  Johnson,  gave  notice  that  to-morrow  or  on 
some  future  day  he  would  move  to  amend  the  Rules  by  adding  the 
following : 

"All  reports  of  Standing  Committees  shall  be  read  three  times  on 
as  many  different  days,  unless  the  rule  be  suspended  by  unanimous 
consent ;  but  no  report  shall  be  read  the  third  time  and  finally  passed, 
until  all  the  reports  of  the  Committees  shall  have  passed  their  second 
reading." 

Mr.  Gower  offered  the  following  and  moved  its  reference  to  the 
Committee  on  Miscellaneous  Matter: 

Resolved,  That  the  Committee  on  Miscellaneous  subjects  be  in- 
structed to  inquire  into  the  expediency  of  providing  for  the  perma- 
nent location  of  the  seat  of  Government,  the  State  University  and 
the  Deaf  and  Dumb  and  Blind  Asylums  ; 

Which  was  adopted,  and  the  resolution  was  so  referred. 

Mr.  Edwards  moved  to  take  up  from  the  table  the  Report  of  the 
Committee  on  Preamble  and  Bill  of  Rights  ; 
Which  was  agreed  to. 

Mr.  Edwards   then  moved   that  it   be  made  the   special  order  for 
consideration  in  Committee  of  the  Whole,  this  afternoon  at  2  o'clock  ; 
Which  was  also  ageeed  to. 

Mr.  Palmer  offered  the  following  .- 

Resolved,  That  the  Secretary  of  State  be  requested  to  furnish  each 
member  of  this  Convention  with  a  copy  of  the  reports  of  the  Supreme 
Court  of  this  State  ; 

Mr.  Edwards  moved  to  amend  so  as  to  read  "Clarke's  Reports :" 

Mr.  Palmer  moved  to  amend  the  amendment  so  as  to  read  "Clarke's 
and  Green's  Reports  ;" 


91 

Mr.  Winchester  moved  that  the  resolution  be  laid  on  the  tahle  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Patterson, 

Bunker,  Seely, 

Clarke,  of  Johnson,  Skiff, 

Day,  Traer, 

Gillaspy,  Warren, 

Hollings  worth,  Wilson, 

Johnston,  Winchester, 

Parvin,  Young, 
Springer  (P.)  17. 

NAYS. 

Messrs.  Clarke,  of  Henry,  Messrs.  Hall, 

Clark,  of  Alamakee,  Harris, 

Edwards,  Marvin, 

Ells,  Palmer, 

Emerson,  Peters, 

Gibson,  Robinson, 

"Gower,  Scott, 

Gray,  Solomon, 
Todhunter— 17. 

The  motions  of  Mr.  Palmer  and  Mr.  Edwards  were  then  respectively 
disagreed  to ;  and 

The  question  being  upon  the  adoption  of  the  resolution  as  originally 
offered,  the  yeas  and  nays  were  demanded,  and 

It  was  decided  in  the  affirmative,  as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Harris, 

Clarke,  of  Henry,  Marvin, 

Clark,  of  Alamakee,  Palmer, 

Ells,  Peters, 

Emerson,  Robinson, 

Gibson,  Scott, 

Gower,  Solomon, 

Gray,  Todhunter, 

Hall,  Warren— 18. 


92 

NAYS. 

Messrs.  Bunker,  Messrs.  Patterson, 

Day,  Seely, 

Edwards,  Skiff, 

Gillaspy,  Traer, 

Rollings  worth,  Wilson, 

Johnston,  Winchester, 

Parvin,  Young, 

Springer,  (Prest.,) — 15. 
Mr.  Clarke,  of  Johnson,  upon  his  request,  was  excused  from  voting. 

Mr.  Traer  offered  the  following : 

Resolved,  That  the  Secretary  of  State  be  instructed  to  lay  before 
this  Convention  a  statement  containing  the  amount  of  indebtedness  of 
the  several  countes,  contracted  for  railroad  purposes  ; 

Which  resolution  was  adopted. 

Mr.  Hall  offered  the  following  : 

Resolved,  That  this  Convention  will  act  upon  the  reports  of  the  com- 
mittees in  the  order  in  which  the  Standing  Committees  were  appointed  : 
Which  resolution  was  adopted. 

Mr.  Hall  offered  the  following  : 

Resolved,  That  Willis  Conard  be  employed  as  paper  folder  to  this 
Convention ; 

Which  resolution  was  adopted. 

Mr.  Robinson  offered  the  following  : 

Resolved,  That  Mr.  Peters  be  added  to  the  Committee  on  Preamble 
and  Bill  of  Rights  :  and  that  he  be  also  added  to  the  Committee  on 
Schedule  ; 

Mr.  Clarke,  of  Henry,  moved  that  the  resolution  be  laid  on  the 
table  ; 

Which  motion  was  disagreed  to. 

The  resolution  was  then  adopted. 

Mr.  Harris  gave  notice  that  to-morrow  or  on  some  future  day,  he 
would  introduce  the  following  resolution : 

Resolved,  That  in  addition  to  the  number  of  Standing  Committees 
already  appointed,  there  shall  be  another  which  shall  be  the  thirteenth, 
on  Charitable  Institutions. 

Mr.  Clarke,  of  Henry,  from  the  Committee  on  Incorporations,  made 
the  following 


93 

REPORT. 

The  Committee  on  Incorporations  having  respectfully  read  and  con- 
sidered the  several  memorials  and  resolutions  referred  to  them,  together 
with  Article  8  of  the  Constitution,  would  report  said  Article  amended 
as  follows,  and  recommend  its  adoption: 

ARTICLE  VIII. 

SECTION  1.  No  corporations  shall  be  created  by  special  laws,  but  the 
General  Assembly  shall  provide  by  general  laws  for  the  organization  of 
all  corporations  hereafter  to  be  created,  except  as  herein  provided. 

SEC.  2.  Corporations  may  sue  and  be  sued,  and  their  property  shall 
be  liable  to  taxation  in  the  same  manner  as  natural  persons ;  and  the 
liabilities,  powers,  privileges,  and  duties  of  stockholders  in  corporations 
may  be  fixed  and  defined  by  law,  subject  to  the  provisions  hereof. 

SEC.  3.  The  State  shall  not  become  a  stockholder  in  any  corporation^ 
nor  shall  it  assume  or  pay  the  debt  or  liability  of  any  corporation,  un- 
less incurred  in  time  of  war  for  the  benefit  of  the  State. 

SEC.  4.  No  political  or  municipal  corporation  shall  become  a  stock- 
holder in  any  banking  corporation,  directly  or  indirectly  ;  nor  in  any 
other  corporation  or  corporations  to  an  amount  exceeding,  at  one 
time,  two  hundred  thousand  dollars.;  nor  shall  the  bonds  or  other  evi- 
dences of  indebtedness  of  any  municipal  or  political  corporation  be  is- 
sued or  granted,  or  its  credit  loaned,  directly  or  indirectly,  or  pledged  as 
security,  to  an  amount  in  the  aggregate  exceeding  two  hundred  thou- 
sand dollars,  at  any  one  time. 

SEC.  5.  It  shall  be  the  duty  of  the  General  Assembly  to  provide  by 
law  for  the  restraint  of  municipal  and  political  corporations  in  regard 
to  assessments,  taxations,  borrowing  money,  contracting  debts,  issuing 
bonds,  and  loaning  their  credit,  so  as  to  prevent,  as  far  as  possible, 
unnecessary  burdens  and  unjust  taxation  and  frauds. 

SEC.  6.  Subject  to  the  provisions  hereof,  the  General  Assembly  may 
pass  a  general  banking  law,  under  which  corporations  may  organize  for 
banking  purposes. 

SEC.  7.  If  a  general  banking  law  is  passed,  it  shall  provide,  amongst 
other  things,  for  the  registry  and  countersigning,  by  an  officer  of  the 
State,  of  all  bills,  or  paper  credit  designed  to  circulate  as  money,  and 
require  security  to  the  full  amount  thereof,  to  be  deposited  with  the 
State  Treasurer,  in  United  States  stocks,  or  in  interest- pay  ing  stocks 
of  States  in  good  credit  and  standing,  to  be  rated  at  their  average  value 
in  the  city  of  New  York,  for  the  thirty  days  next  preceding  their  de- 
posit ;  and  also  provide  for  the  recording  of  the  names  of  all  stockholder* 


94 

in  such  corporations,  the  amount  of  stock  held  by  each,  the  time  of  any 
transfer,  and  to  whom. 

SEC.  8.  Every  stockholder  in  a  banking  corporation  or  institution 
shall  be  individually  responsible  and  liable  to  its  creditors,  over  and 
above  the  amount  of  stock  by  him  or  her  held,  to  an  amount  equal  to 
his  or  her  respective  shares  so  held,  for  all  its  liabilities  ;  and  in  all 
cases  where  its  stock  shall  be  transferred,  the  liability  of  the  transferer 
shall  not  cease,  nor  shall  the  liability  of  the  transferee  commence  until 
the  expiration  of  six  months  after  such  transfer  shall  have  been  duly 
recorded  as  provided  by  law. 

SEC.  9.  The  General  Assembly  may  also  charter  a  State  Bank  with 
branches,  to  be  founded  upon  an  actual  specie  basis. 

SEC  10.  If  such  a  State  Bank  be  established,  the  branches  shall  be 
mutually  responsible  for  each  other's  liabilities  upon  all  paper  credit 
issued  as  money,  and  the  liabilities  of  stockholders  shall  be  the  same  as 
those  of  banks  organized  under  a  general  law — all  of  which  shall  be 
provided  for  by  law. 

SEC.  11.  It  shall  be  the  duty  of  the  General  Assembly,  in  case  of  its 
passing  either  or  both  of  the  banking  laws  herein  provided,  to  provide 
also  such  other  restrictions,  and  fix  such  other  liabilities,  and  adopt  such 
other  guards  and  checks  as  shall  be  conducive  to  prevent  frauds  on  the 
part  of  banking  institutions,  its  officers  and  directors,  and  to  secure  to 
the  people  of  this  State  a  safe  and  reliable  currency. 

SEC.  12.  In  case  of  the  insolvency  of  any  banking  institution,  the 
bill  holders  shall  have  a  preference  over  its  other  creditors. 

SEC.  13.  The  suspension  of  specie  payments  by  banking  institution! 
shall  never  be  permitted  and  sanctioned. 

SEC.  14.  Every  banking  corporation  or  institution  shall  cease  bank- 
ing and  close  its  business  within  twenty-five  years  from  the  time  of  iu 
organization  or  creation. 

SEC.  15.  No  bill,  note,  draft,  check,  or  other  evidence  of  debt  shall 
be  issued  for  circulation  as  money  except  by  banking  corporations  or 
j nstitutioris  duly  organized  or  created  by  law. 

SEC.  16.  But  no  general  banking  law,  nor  law  creating  a  State  Bank, 
nor  shall  amendments  thereto,  nor  acts  in  repeal  thereof,  take  effect 
until  the  same  shall  have  been  submitted,  separately,  to  the  people,  at 
a  general  or  special  election,  as  provided  by  law,  and  shall  have  been 
approved  by  a  majority  of  all  the  voters  voting  for  and  against  it. 

SEC.  17.   Subject  to  the  provisions  hereof,  the   General  Assemblj 
ha.Td  power  to  amend  or  repeal  all  laws  for  the  organization  or  cr«- 


95 

ation  of  corporations,  or  granting  of  special  privileges  or  immunities, 
by  a  vote  of  two-thirds  of  the  House  of  Representatives,  and  also  of  the 
Senate ;  and  no  exclusive  privileges,  except  as  in  this  article  provided, 
shall  ever  be  granted. 

SEC.  18.  No  corporation  shall  hold  any  real  estate  hereafter  acquired, 
for  a  period  longer  than  twenty- five  years,  except  such  real  estate  as 
shall  be  actually  occupied  by  such  corporation  in  the  actual  exercise  of 
its  franchise,  but  the  same  shall  escheat  to  the  State  for  the  benefit  of 
the  school  fund. 

SEC.  19.  Private  property  shall  not  be  taken  by  corporations  for 
their  use  or  benefit  without  compensating  the  owner  for  the  actual  dam- 
age resulting  to  him  or  her  in  the  taking,  and  the  manner  thereof. 

SEC.  20.  The  word  corporation,  as  used  in  this  article,  may  be  con- 
strued to  mean  any  individual,  association,  or  company,  having  or 
enjoying  rights  and  privileges  through  provisions  of  law  not  possessed 
by  every  individual  or  partnership. 

R.  L.  B.  CLARKE. 

Chairman. 

The  reading  of  said  report  having  been  dispensed  with,  it  was 
Ordered,  That  the  same  be  laid  upon  the  table,  and  that  one  hun- 
dred copies  thereof  be  printed  for  the  use  of  the  Convention. 

On  motion  of  Mr.  Harris, 

The  Convention  then  adjourned. 


FRIDAY  AFTERNOON, 

At  two  o'clock,  P.  M.,  the  Convention  again  met. 

Mr.  Harris  moved  to  postpone  the  special  order  of  the  afternoon  ; 
Which  motion  was  not  agreed  to, 

The  Convention  then  resolved  itself  into  Committee  of  the  Whole, 
Mr.  Edwards  in  the  Chair,  upon  the  consideration  of  the  Report  of  the 
Committee  on  Preamble  and  Bill  of  Rights  ;  and  after  some  time  spent 
therein,  the  Committee  rose  ; 


96 

The  Convention  having  again  coine  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  reported,  that  progress 
had  been  made  in  the  consideration  of  the  subject  before  them  ;  and 
the  Committee  asked  and  obtained  leave  to  sit  again. 

Mr.  Todhuriter  offered  the  following: 

Resolved,  That  there  shall  be  no  smoking  allowed  in  this  Chamber 
during  the  sittings  of  this  Convention,  and  that  the  Sergeant- at- Arms 
be  requested  to  strictly  enforce  this  resolution ; 

Which  resolution  was  adopted. 

On  motion  of  Mr.  Patterson, 
The  Convention  then  adjourned. 


SATURDAY  MORNING,  JANUARY  31,  1857. 

At  ten  o'clock,  A.  M.,  the  Convention  came  to  order,  the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

The  President  presented  the  petition  of  James  Harnil  arid  thirty  - 
three  others,  citizens  of  Louisa  county,  praying  the  incorporation  of 
an  article  in  the  Constitution  giving  power  to  the  Legislature  to  regu- 
late the  manufacture  of,  and  traffic  in,  spirituous  liquors,  and  to  con- 
fiscate all  such  articles,  manufactured  or  sold,  in  violation  of  its  Acts  ; 

Which  was  read,  and, 

On  motion,  was  referred  to  the  Committee  on  Preamble  and  Bill  of 
Rights. 

Mr.  Clarke,  of  Henry,  presented  the  petition  of  James  Wright  and 
fifty- five  others,  citizens  of  Iowa,  praying  that  the  Constitution  of  the 
State  may  be  so  amended  that  no  person  shall  be  disfranchised  ou 
account  of  color ; 


97 

\Vhich  was  read,  and, 

On  motion,  was  referred  to  the  committee  on  the  .Right  of  Suffrage. 

Mr.  Clarke,  of  Johnson,  from  the  majority  of  the  committee  on 
Judicial  Department,  made  the  following 

REPORT. 

ARTICLE  - — . 

SECTION  1.  The  Judicial  power  of  this  State  shall  be  vested  in  a 
Supreme  Court,  Superior  Courts,  District  Courts,  and  such  inferior 
Courts  as  the  General  Assembly  may,  from  time  to  time,  establish. 

SEC.  2.  The  State  shall  be  divided  into  four  judicial  districts,  to  be 
bounded  by  county  lines,  and  as  compact  and  equal  in  population  and 
territory  as  nearly  as  may  be ;  in  each  of  which  districts,  at  the  first 
general  election  under  the  Constitution,  one  Supreme  Judge  and  three 
District  Judges,  who  shall  be  residents  of  their  respective  districts, 
shall  be  elected  by  the  people.  The  Supreme  and  District  Judges  so 
elected,  shall  be  classified  so  that  one  Judge  of  tlue  Supreme  Court, 
and  one  of  the  District  Judges  in  each  district,  shall  go  out  of  office 
every  two  years.  The  Judge  of  the  Supreme  Court  holding  the  short- 
est term  of  office  under  such  classification,  shall  be  Chief  Justice  of  the 
Court  during  his  term,  and  so  on  in  rotation.  After  the  expiration  of 
their  terms  of  office  under  such  classification,  the  term  of  each  Judge 
of  the  Supreme  Court  shall  be  eight  years,  and  the  term  of  office  of 
each  District  Judge  six  years,  and  until  their  successors  are  elected  and 
qualified. 

SEC.  3.  The  Supreme  Court  shall  consist  of  the  four  Judges  elect- 
ed as  required  by  the  foregoing  section,  three  of  whom  shall  constitute 
a  quorum.  They  shall  hold  their  Court  at  such  time  and  place  as  the 
General  Assembly  may  prescribe,  and  shall  be  ineligible  to  any  other 
office  in  the  State  during  the  term  for  which  they  were  elected. 

SEC.  4.  The  Supreme  Court  shall  have  appellate  jurisdiction  only 
in  cases  in  chancery,  and  shall  constitute  a  Court  for  the  correction  of 
errors  at  law,  in  all  cases  that  may  be  appealed  from  the  Superior 
Court,  under  such  restrictions  as  the  General  Assembly  may,  by  law, 
prescribe  ;  and  shall  have  power  to  issue  all  writs  and  process  necessary 
to  secure  justice  to  parties,  and  exercise  a  supervisory  control  over  all 
inferior  judicial  tribunals  throughout  the  State. 

SEC.  5.  The  Superior  Courts  shall  be  held  in  each  district  at  such 
time  and  place  as  the  General  Assembly  may  prescribe  ;  shall  consist 
of  the  Judges  of  the  District  Courts  of  that  district,  two  of  whom  shall 
7 


constitute  a  quorum  ;  and  the  Judge  holding  the  shortest  term  of  office 
shall  be  the  Chief  Justice  of  the  Court  of  his  district,  and  so  on  in 
rotation. 

SEC.  6.  The  Superior  Courts  shall  have  appellate  jurisdiction  only 
in  all  cases  in  chancery,  and  constitute  a  Court  for  the  correction  of 
errors  at  law  within  their  respective  districts,  under  such  restrictions  as 
the  General  Assembly  may  prescribe  ;  and  shall  have  power  to  issue  all 
writs  and  process  necessary  to  secure  justice  to  parties,  and  exercise  a 
supervisory  control  over  all  inferior  judicial  tribunals  within  their  re- 
spective districts. 

SEC.  7.  The  District  Court  shall  consist  of  a  single  Judge,  and  the 
District  Judges  of  each  district  shall  hold  Court  in  each  county,  altern- 
ately, at  such  time  and  place  as  the  General  Assembly  may  prescribe. 

SEC.  8.  The  District  Court  shall  be  a  Court  of  law  and  equity,  which 
shall  be  distinct  and  separate  jurisdictions,  and  have  jurisdiction  in  all 
civil  and  criminal  matters  arising  in  their  respective  districts,  under  such 
restrictions  as  may  be  prescribed  by  law. 

SEC.  9.  The  salary  of  each  Judge  of  the  Supreme  Court  shall  not 
be  less  than  two  thousand  five  hundred  dollars,  nor  more  than  five  thou- 
sand dollars  per  annum.  The  salary  of  each  Judge  of  the  District 
Court  shall  not  be  less  than  two  thousand,  nor  more  than  four  thousand 
dollars  per  annum ;  and  the  salary  of  no  judge  of  either  Court  shall  be 
increased  or  diminished  during  his  term  of  office. 

SEC.  10.  The  Judges  of  the  Supreme  and  District  Courts  shall  be 
conservators  of  the  peace  throughout  the  State. 

SEC.  11.  After  the  year  1860,  the  General  Assembly  may  re- 
orgaize  the  judicial  districts,  and  increase  or  diminish  the  number  of 
districts,  or  the  number  of  Judges  of  the  Supreme  or  District  Courts  ; 
but  such  increase  or  diminution  shall  not  be  more  than  one  district,  or 
one  Judge  of  either  Court  at  a  time ;  and  no  re- organization  of  the 
districts,  or  diminution  of  the  Judges  shall  have  the  effect  of  removing 
a  Judge  from  office.  Such  re- organization  of  the  districts,  or  increase 
or  diminution  of  the  Judges  shall  take  place  every  five  years  there- 
after, if  necessary,  and  at  no  other  time. 

SEC.  12.  The  Supreme  and  Superior  Courts  shall  have  the  power 
to  appoint  the  necessary  Clerk  for  each  Court,  and  a  Reporter  of  their 
decisions.  The  other  officers  of  the  Courts  shall  be  provided  for  by  law. 

SEC.  13.  The  Judges  of  the  Supreme  and  District  Courts  shall  be 
chosen  at  the  general  election,  and  the  term  of  office  of  each  Judge 
shall  commence  on  the  first  day  of  January  next  after  their  election. 


99 

SEC.  14.  The  General  Assembly  shall  provide  by  law  for  the  elec- 
tion of  an  Attorney  General  by  the  people,  whose  office  shall  be  kept 
at  the  seat  of  government. 

SBC.  15.  The  qualified  electors  of  each  county  shall  elect,  at  such 
times  as  may  be  prescribed  by  law,  one  Prosecuting  Attorney,  and  one 
Clerk  of  the  District  Court,  who  shall  be  residents  therein,  and  hold 
their  several  offices  for  the  term  of  two  years,  and  until  their  successors 
ure  elected  and  qualified. 

SEC.  16.  When  any  vacancy  shall  occur  in  the  office  of  any  Judge 
of  the  Supreme  or  District  Courts,  before  the  expiration  of  the  regular 
term  for  which  he  was  elected,  the  same  shall  be  filled  by  appointment 
by  the  Governor,  until  it  shall  be  supplied  at  the  next  general  election, 
when  it  shall  be  filled  by  election  for  the  residue  of  the  unexpired  term. 

SEC.  17.  The  General  Assembly  may  provide  by  law  for  the  crea- 
tion of  a  temporary  Court  for  the  trial  of  any  Judge  of  either  the 
Supreme  or  District  Court,  or  any  other  State  officer,  who  may  be 
charged  with  imcompetency  or  misconduct.  If  a  Judge  of  the  Su- 
preme Court  is  a  subject  of  the  charge,  four  of  the  Judges  of  the  Dis- 
trict Court,  selected  from  the  respective  districts,  shall  constitute  a 
Court  to  investigate  the  charge.  If  the  complaint  is  made  against  a 
Judge  of  the  District  Court,  or  any  other  officer  of  State,  the  Supreme 
Court  shall  have  original  jurisdiction  of,  and  constitute  a  Court  to  in- 
vestigate the  same.  The  charge  shall  be  made  by  petition,  under  oath, 
and  the  cause  shall  be  tried  by  the  Court. 

SEC.  18.  The  style  of  all  process  shall  be :  "  The  State  of  Iowa;" 
and  all  prosecutions  shall  be  conducted  in  the  name  and  by  the  author- 
ity of  the  same. 

W.  PENN.  CLARKE, 

Chairman. 

I  concur  with  the  majority  report,  except  that  I  favor  the  election  of 
Supreme  Court  Justices  by  the  people  of  the  State  at  large.  That  I 
favor  the  subdivision  of  the  districts  into  four  circuits ;  and  that  in 
each  district  four  Judges  shall  be  elected — one  from  each  circuit — 
three  to  form  a  quorum  in  the  District  Court.  That  a  Prosecuting 
Attorney  shall  be  elected  in  each  circuit.  That  no  judicial  officer  shall 
be  tried  for  incompetency,  unless  presented  by  a  majority  of  the  Gen- 
eral Assembly. 

R.  L.  B.  CLARKE. 

The  reading  of  said  report  was  dispensed  with,  and, 
On  motion,  the  same  was  ordered  to  lie  on  the  table,  and  that  one 
hundred  copies  thereof  be  printed  for  the  use  of  the  Convention. 


100 

Mr.  Clarke,  of  Johnson,  from  the  committee  on  Judicial  Depart- 
ment, made  the  following  minority 

REPORT. 

The  minority  of  the  Committee  on  the  Judicial  Department  beg 
leave  to  make  the  following  report : 

ARTICLE  — . 

SECTION  1.  The  Judicial  power  of  this  State  shall  be  vested  in  a 
Supreme  Court,  District  Courts,  and  such  other  Courts  as  the  General 
Assembly  may  from  time  to  time  establish. 

SEC.  2.  The  State  shall  be  divided  into  four  Judicial  Districts,  to 
be  bounded  by  county  lines,  and  as  compact  and  equal  in  population 
and  territory  as  nearly  as  may  be,  in  each  of  which  Districts,  at  the 
first  general  election  under  the  Constitution,  one  Supreme  Judge,  and 
three  District  Judges,  who  shall  be  residents  of  their  respective  Dis- 
tricts, shall  be  elected  by  the  people.  The  Supreme  and  District 
Judges  so  elected,  shall  be  so  classified  that  one  Judge  of  the  Supreme 
Court,  and  one  of  the  District  Judges  in  each  District,  shall  go  out  of 
office  every  two  years.  The  Judge  of  the  Supreme  Court  holding  the 
shortest  term  of  office  under  such  classification,  shall  be  Chief  Justice 
of  the  Court  during  his  term,  and  so  on  in  rotation.  After  the  expira- 
tion of  their  terms  of  office  under  such  classification,  the  term  of  each 
Judge  of  the  Supreme  Court,  shall  be  eight  years,  arid  the  term  of 
office  of  each  Judge  of  the  District  Court,  six  years,  and  until  their 
successors  are  elected  and  qualified. 

SEC.  3.  The  Supreme  Court  shall  consist  of  the  four  Judges  elected 
as  required  by  the  foregoing  section,  three  of  whom  shall  constitute  a 
quorum,  and  they  shall  hold  their  Court  at  such  time  and  place  as  the 
General  Assembly  may,  by  law,  provide.  The  Judges  of  the  Supreme 
Court  shall  be  ineligible  to  any  other  office  in  the  State,  during  the  term 
for  which  they  were  elected  ;  and  the  Judges  of  the  District  Court  shall 
be  ineligible  to  any  other  office  in  the  State,  except  that  of  Supreme 
Judge,  during  the  term  for  which  they  were  elected. 

SEC.  4.  The  Supreme  Court  shall  have  appellate  jurisdiction  only 
in  all  cases  in  Chancery,  and  shall  constitute  a  Court  for  the  correction 
of  errors  at  law,  under  such  restrictions  as  the  General  Assembly  may, 
by  law,  prescribe,  and  shall  have  power  to  issue  all  writs  and  process 
necessary  to  secure  justice  to  parties,  and  exercise  a  supervisory  control 
over  all  inferior  judicial  tribunals  throughout  the  State. 

SEC.  5.  The  District  Court  shall  consist  of  a  single  Judge,  and  the 
District  Judges  of  each  District  shall  hold  Couitin  each  county  of  such 


101 

District,  alternately,  at  such  time  and  place  as  the  General  Assembly 
may,  by  law,  provide. 

SEC.  6.  The  District  Court  shall  be  a  Court  of  law  and  equity,  which 
shall  be  distinct  and  separate  jurisdictions,  and  have  jurisdiction  in  all 
civil  and  criminal  cases,  arising  in  their  respective  Districts,  under  such 
restrictions  as  may  be  prescribed  by  law. 

SEC.  7.  The  Supreme  Court  shall  have  the  power  to  appoint  a  Clerk 
and  Reporter  of  its  decisions.  The  other  officers  of  the  Court  shall  be 
provided  for. 

SEC.  8.  The  Judges  of  the  Supreme  and  District  Courts  shall  b* 
conservators  of  peace  throughout  the  State. 

SEC.  9.  The  salary  of  each  Judge  of  the  Supreme  Court  shall  not  be 
less  than  three  thousand  dollars  per  annum,  nor  shall  the  salary  of  each 
Judge  of  the  District  Court  be  less  than  two  thousand  five  hundred 
dollars  per  annum.  After  the  year  1860,  the  General  Assembly 
shall  have  the  power  to  increase  the  salaries  of  the  Judges  of  the 
Supreme  and  District  Courts  ;  but  the  salary  of  no  judge  of  either 
Court  shall  be  increased  or  diminished  during  his  term  of  office. 

SEC.  10.  In  case  the  office  of  any  Judge  of  the  Supreme  or  District 
Courts  shall  become  vacant  before  the  expiration  of  the  regular  term 
for  which  he  was  elected,  the  vacancy  may  be  filled  by  appointment,  by 
the  Governor,  until  it  shall  be  supplied  at  the  next  general  election, 
when  it  shall  be  filled  by  election,  for  the  residue  of  theunexpired  term. 

SEC.  11.  The  Judges  of  the  Supreme  and  District  Courts  shall  be 
chosen  at  the  general  State  election,  and  the  term  of  office  of  each 
Judge  shall  commence  on  the  first  day  of  January  next  after  their 
election. 

SEC.  12.  After  the  year  1860,  the  General  Assembly  may  reorganize 
the  Judicial  Districts,  and  increase  or  diminish  the  number  of  Districts, 
or  the  number  of  Judges  of  the  Supreme  or  District  Courts,  but  such 
increase  or  diminution  shall  not  be  more  than  one  District,  or  one  Judge 
of  either  Court  at  a  time,  and  no  reorganization  of  the  Districts,  or 
diminution  of  the  Judges,  shall  have  the  effect  of  removing  a  Judge 
from  office.  Such  reorganization  of  the  Districts,  or  increase  or  dim- 
inution of  the  Judges  of  either  Court,  shall  take  place  every  five  years 
thereafter,  if  necessary,  and  at  no  other  time. 

SEC.  13.  The  General  Assembly  may  provide,  by  law,  for  the  creation 
of  a  temporary  Court,  for  the  trial  of  any  Judge  of  either  the  Supreme 
or  District  Courts,  or  any  officer  of  State,  who  may  be  charged  with 
incompetency  or  misconduct.  If  a  Judge  of  the  Supreme  Court  is  the 


102 

subject  of  the  charge,  four  Judges  of  the  District  Court,  selected  from 
the  respective  Districts,  shall  constitute  a  Court  to  investigate  the  charge. 
If  the  complaint  is  against  a  Judge  of  the  District  Court,  or  an  officer 
of  State,  the  Supreme  Court  shall  have  original  jurisdiction  of,  and 
constitute  a  Court  to  investigate  the  same.  The  complaint  shall  be 
made  by  petition,  under  oath,  and  the  cause  tried  by  the  Court.  In 
either  case,  the  judgment  of  the  Court  shall  not  extend  beyond  depriva- 
tion of  office,  and  ineligibility  to  hold  any  other  office  in  the  State,  or 
either  of  them.  . 

SEC.  14.  The  style  of  all  process  shall  be,  "The   State  of  Iowa," 
all  prosecutions  shall  be  conducted  in  the  name  and  by  the  authority 
of  the  same. 

SEC.  15.  The  General  Assembly  shall  provide,  by  law,  for  the  elec- 
tion of  an  Attorney  General  by  the  people. 

W.  PENN  CLARKE. 

Mr.  Wilson,  of  Jefferson,  concurs  in  this  Report,  so  far  as  it  pro- 
vides for  the  creation  of  two  Courts,  instead  of  three  ;  but  differs  as  to 
the  mode  of  electing  the  Judges. 

The  reading  of  said  report  was  dispensed  with,  and, 
On  motion,  the  same  was  ordered  to  lie  on  the  table,  and  that  one 
hundred  copies  thereof  be  printed  for  the  use  of  the  Convention. 

Mr.  Harris  moved  to  take  up  the  resolution  offered  by  him  yesterday, 
relative  to  the  appointment  of  an  additional  Standing  Committee; 
Which  was  agreed  to. 

The  question  being  on  the  adoption  of  said  resolution, 
The  same  was  disagreed  to. 

Mr.  Edwards  offered  the  following : 

Resolved,  That  hereafter,  the  hours  of  adjournment  for  this  Conven- 
tion shall  be  nine  o'clock,  A.  M.,  and  two  o'clock,  P.  M.,  of  each  day, 
until  otherwise  ordered ; 

Which  resolution  was  adopted. 

Mr.  Clarke,  of  Johnson,  moved  to  take  up  the  proposed  amendment 
to  the  Rules  of  the  Convention,  offered  by  him  yesterday,  relative  to  the 
number  of  readings,  &c.,  of  the  Reports  of  the  respective  Standing 
Committees ; 

Which  was  agreed  to. 

Said  proposed  amendment  to  the  Rules  having  been  read, 
The  same  was  adopted. 


103 

On  motion  of  Mr.  Warren, 

The  Convention  resolved  itself  into  Committee  of  the  Whole,  Mr. 
Edwards  in  the  Chair,  upon  the  consideration  of  the  Report  of  the  Com- 
mittee on  Preamble  and  Bill  of  Eights ;  and,  after  some  time  spent 
therein,  the  Committee  rose ;  and 

The  Convention  again  came  to  order : 

The  Chairman  of  the  Committee  of  the  Whole  reported  that  progress 
had  been  made  in  the  consideration  of  the  subject  before  them,  and 
asked  and  obtained  leave  to  sit  again  at  two  o'clock  this  afternoon. 

Mr.  Johnston  offered  the  following  : 

Resolved,  That  the  Committee  on  Miscellaneous  Subjects  be  in- 
structed to  inquire  into  the  expediency  of  amending  Article  12,  by 
striking  out  Section  2  ; 

Which  resolution  was  adopted. 

On  motion  of  Mr.  Winchester, 
The  Convention  then  adjourned. 


SATURDAY  AFTERNOON. 

At  two  o'clock,  P.  M. ,  the  Convention  again  met,  and, 

On  motion, 

Resolved  itself  into  Committee  of  the  Whole,  Mr.  Edwards  in  the 
Chair,  upon  the  consideration  of  the  Report  of  the  Committee  on  Pre- 
amble and  Bill  of  Rights  ;  and,  after  some  time  spent  therein,  the  Com- 
mittee rose : 

The  Convention  having  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  stated  that  said  Com- 
mittee having  concluded  the  consideration  of  the  Report  of  the  Com- 
mittee on  Preamble  and  Bill  of  Rights,  he  was  instructed  to  report  the 
same  back  to  the  Convention,  with  sundry  amendments ; 

Which  report  was  received  and  the  Committee  discharged. 

Mr.  Hall  moved  that  said  report  be  laid  upon  the  table  and  made  the 
special  order  for  Monday  next,  at  ten  o'clock,"?.  M.; 
Which  motion  was  agreed  to. 


104 

Mr.  Clarke,  of  Johnson,  moved  to  reconsider  the  vote  just  taken ; 
Which  was  agreed  to. 

Mr.  Palmer  moved  to  strike  out  Sec.  11  of  the  Bill  of  Rights,  as 
reported,  and  substitute  the  following  : 

All  offences  of  a  lower  grade  than  felony  and  crimes  of  which  the 
penalty  is  imprisonment  for  more  than  one  month,  shall  be  summarily 
tried  before  magistrates  without  indictment,  or  presentment,  or  the 
intervention  of  a  Grand  Jury  ; 

Mr.  Clarke,  of  Johnson,  moved  that  the  proposed  substitute,  together 
with  Sec.  11  and  Sec.  13  of  the  Bill  of  Rights,  as  reported,  be  referred 
to  the  Committee  on  Judicial  Department ; 

Which  was  agreed  to. 

The  motion  of  Mr.  Hall  was  then  renewed,  and  agreed  to,  and 
The  Convention  then  adjourned,  till  Monday  morning  at  nine  o'clock. 


MONDAY  MORNING,  FEBRUARY  2,  1857. 

At  nine  o'clock,  A.  M.,  the  Convention  came  to  order,  the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Rev.  Mr.  Page,  of  Oberlin,  Ohio. 
The  Journal  of  Saturday's  proceedings  was  read  and  approved. 

Mr.  Clarke,  of  Johnson,  from  the  Committee  on  Judicial  Department, 
to  whom  was  referred  certain  sections  of  the  Bill  of  Rights,  together 
with  a  proposed  amendment  for  one  of  said  sections,  made  the  fol- 
lowing 

REPORT. 

The  Committee  on  the  Judicial  Department,  to  whom  was  referred 
sections  11  and  13  of  the  Bill  of  Rights,  with  the  amendment  proposed 


105 

by  the  gentleman  from  Davis,  have  had  the  subject  under  consideration 
and  beg  leave  to  report  the  following : 

Strike  out  section  11  and  insert  the  following  : 

"All  offences  less  than  felony,  and  in  which  the  punishment  does  not 
exceed  a  fine  of  one  hundred  dollars,  or  imprisonment  for  thirty  days, 
shall  be  tried  summarily  before  a  Justice  of  the  Peace,  or  other  officer 
authorized  bylaw,  on  information  under  oath,  without  indictment,  or  the 
intervention  of  a  Grand  Jury,  saving  to  the  defendant  the  right  of  appeal : 
and  no  person  shall  be  held  to  answer  for  any  higher  criminal  offence, 
unless  on  presentment  or  indictment  by  a  Grand  Jury  except  in  cases 
arising  in  the  army  or  navy,  or  in  the  militia,  when  in  actual  service, 
in  time  of  war  or  public  danger." 

Amend  section  13,  by  inserting  between  the  words-  "suspended"  and 
"unless"  the  following  : 

"Nor  shall  it  be  refused  when  application  is  made  as  required  by 
law." 

W.  PENN  CLARKE, 
Chairman . 

Mr.  Johnston  moved  that  the  report  be  laid  upon  the  table  without 
printing  and  that  it  be  taken  up  with  the  special  order  at  ten  o'clock, 
A.  M. ,  and  in  connection  therewith  : 

Which  motion  was  agreed  to. 

The  special  order  of  the  day  was  then  taken  up,  being  the  Report  of 
the  Committee  of  the  Whole  upon  the  Report  of  the  Committee  on  Pre- 
amble and  Bill  of  Rights,  the  same  being  upon  its  second  reading. 

The  Preamble  having  been  read, 

The  amendment  made  in  Committee  of  the  Whole,  by  striking  out 
the  word  "Territory"  and  inserting  "State,"  in  the  first  line  of  the 
same, 

Was  agreed  to. 

Mr.  Wilson  moved  to  amend  by  adding  to  the  clause  defining  tho 
boundaries,  the  following : 

"The  boundaries  of  the  State  may  be  enlarged  by  consent  of  Con- 
gress and  the  State." 

Mr.  Hall  moved  that  the  amendment  be  referred  to  the  Committee  on 
Miscellaneous  Matter; 

Which  motion  was  agreed  to. 

The  Second  section  of  the  Bill  of  Rights  being  under  consideration, 
as  follows : 

7* 


106 

"All  political  power  is  inherent  in  the  people.  Government  is  insti- 
tuted for  the  protection,  security  and  benefit  of  the  people,  and  they 
have  the  right  at  all  times  to  alter,  or  reform  the  same,  whenever  the 
public  good  may  require  it ;" 

'     Mr.  Ells  moved  to  amend  the  same  by  adding  thereto  as  follows : 

"And  no  special  privileges  or  immunities  shall  ever  be  granted  that 
may  not  be  altered,  revoked,  or  repealed,  by  the  General  Assembly,  by 
a  vote  of  two-thirds  of  each  house  ;" 

Pending  the  consideration  of  said  amendment, 
On  motion  of  Mr.  Warren, 
The  Convention  then  adjourned. 


MONDAY  AFTERNOON. 

At  two  o'clock,  P.  M.,  the  Convention  again  met. 

The  consideration  of  the  Report  of  the  Committee  of  the  Whole 
upon  the  Preamble  and  Bill  of  Rights,  was  resumed,  and 

The  question  being  upon  the  adoption  of  the  amendment  to  the  second 
section  of  the  Bill  of  Rights,  offered  by  Mr.  Ells, 

Mr.  Emerson  moved  an  amendment  to  the  amendment  as  follows  : 

Strike  out  "by  a  vote  of  two-thirds  of  each  house"  and  insert  "ex- 
cept corporations  for  works  of  internal  improvement ;" 
Which  motion  was  disagreed  to. 

Mr.  Palmer  moved  to  amend  the  amendment,  by  adding  thereto  the 
following  ; 

"But  the  State  shall  be  liable  in  an  action  at  law  in  any  court  of 
record  in  the  State,  or  otherwise,  for  all  damages  which  may  be  caused 
by  any  such  alteration,  revocation,  or  repeal,  unless  such  privileges  or 
immunities  shall  have  been  violated  or  abused  by  the  persons  or  corpo- 
rations to  whom  such  privileges  or  immunities  may  have  been  granted  ;" 

Which  motion  was  disagreed  to. 

Upon  the  question  of  agreeing  to  the  amendment  offered  by  Mr.  Ells, 
the  yeas  and  nays  were  demanded,  with  the  following  result : 


107 

YEAS. 

Messrs.  Avers,  Messrs.  Marvin, 

Clarke,  of  Henry,  Parvin, 

Clark,  of  Alamakee,  Robinson, 

Day,  Scott, 

Ells,  Seely, 

Gray,  Wilson, 

Harris,  Springer  (P.)  14, 

NAYS. 

Messrs.  Bunker,  Messrs.  Palmer, 

Clarke,  of  Johnson,                       Patterson, 

Edwards,  Peters, 

Emerson,  Price, 

Gibson,  Skiff, 

Gillaspy,  Solomon, 

Gower,  Todhunter, 

Hall,  Traer, 

Johnston,  Warren, 
Young— 19. 

So  the  amendment  was  not  agreed  to. 

The  Fourth  Section  of  the  Bill  of  Rights  being  under  consideration, 
as  follows : 

"No  religious  test  shall  be  required  as  a  qualification  for  any  offic® 
or  public  trust,  and  no  person  shall  be  deprived  of  any  of  his  rights, 
privileges  or  capacities,  or  disqualified  from  the  performance  of  any  of 
his  public  or  private  duties,  or  rendered  incompetent  to  give  evidence  in 
any  court  of  law  or  equity,  in  consequence  of  his  opinions  on  the  sub- 
ject of  religion  ;" 

Mr.  Clarke,  of  Henry,  moved  to  amend  by  striking  out  the  words 
"and  no  person  shall"  near  the  commencement  of  the  section,  and  in- 
serting "nor  shall  any  person  ;"  also,  by  adding  to  the  end  of  the  sec- 
tion as  follows  :  "nor  in  consequence  of  his  belonging  to  any  particular 
sect,  class  or  party  of  men ;" 

Mr.  Harris  moved  to  amend  the  amendment  by  adding  to  the  latter 
part  of  it,  the  words,  "inconsequence  of  being  Negroes,  Indians, 
knaves  or  fools ;" 

Upon  this  question  the  yeas  and  nays  were  demanded,  with  follow- 
ing result : 

YEAS, 
Mr.  Harris— 1. 


108 

NAYS. 

Messrs.  Ayers, 
Bunker, 

Clarke,  of  Henry, 
Clarke,  of  Johnson, 
Clark,  of  Alamakee. 
Day, 
Edwards, 
Ells, 

Emerson, 
Gibson, 
Gillaspy, 
Gower, 
Gray, 
Hall, 
Johnston, 


Messrs.  Palmer, 
Parvin, 
Patterson, 
Peters, 
Price, 
Robinson, 
Scott, 
Seely, 
Skiff, 
Solomon, 
Todhunter, 
Traer, 
Warren, 
Wilson, 
Winchester, 
Young, 


Marvin, 

Springer,  (Prest.,)— 33. 

So  the  amendment  to  the  amendment  was  not  agreed  to. 
Pending  the  consideration  of  the  amendment  to  said  section. 
On  motion  of  Mr.  Clarke,  of  Alamakee, 
The  Convention  adjourned. 


109 


TUESDAY  MORNING,  FEBRUARY  3,  1857. 

At  nine  o'clock,  A.  M.,  the  Convention  came  to  order,  the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

Mr.  Marvin  offered  the  following  resolution  : 

Resolved,  That  each  member  of   this  Convention  be  allowed  eight 
additional  numbers  of  the  daily  reports  of  this  Convention  ; 
Which  was  adopted. 

The  President  announced  the  following  as  the  committee  to  revise  the 
printing,  &c.,  as  provided  for  in  the  Report  of  the  Committee  on  Re- 
porter, &c.,  viz:  Messrs.  Clarke,  of  Johnson,  Traer  and  Solomon. 

The  Convention  then  resumed  the  consideration  of  the  Report  of  the 
Committee  of  the  Whole  upon  the  Preamble  and  Bill  of  Rights. 

The  question  being  upon  the  amendment  to  the  fourth  section  of 
the  Bill  of  Rights,  offered  yesterday  by  Mr.  Clarke,  of  Henry, 

The  same  gentleman  moved  to  amend  the  amendment  by  adding 
thereto  as  follows : 

"  But  persons  convicted  of  infamous  crimes,  shall  be  liable  to  such 
disabilities  as  the  laws  may  provide  ;" 

Which  was  agreed  to. 

The  question  now  being  upon  the  amendment,  as  amended,  the  Teas 
and  nays  were  demanded  thereon,  and 

It  was  decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Gray, 

Clarke,  of  Henry,  Marvin, 

Clarke,  of  Johnson,  Scott, 

Ells,  Seely, 

Gower,  Skiff, 
Traer.— 11. 

NAYS. 
Messrs.  Ayers,  Messrs.  Parvin, 

Clarke,  of  Alamakee,  Patterson, 


110 

Messrs.  Day,  Messrs.  Peters, 

Edwards,  Price, 

Emerson,  Solomon, 

Gibson,  Todlmnter, 

Gillaspy,  Warren, 

Hall,  Wilson, 

Harris,  Winchester, 

Johnston,  Young, 

Palmer,  Springer,(P. )  22. 

Mr.  Clarke,  of  Henry,  then  offered  the  following  amendment  to  said 
section : 

"  Nor  shall  any  person  be  rendered  or  held  thus  incompetent  to  give 
testimony  in  consequence  of  his  or  her  belonging  to  any  particular  sect, 
class,  society  or  party  ;" 

Pending  the  consideration  of  said  amendment, 
On  motion  of  Mr.  Warren, 
The  Convention  adjourned. 


TUESDAY  AFTERNOON. 

At  two  o'clock,  P.  M.,  the  Convention  again  assembled. 

The  consideration  of  the  Report  of  the  Committee  of  the  Whole, 
upon  the  Preamble  and  Bill  of  Rights  was  resumed, "  and, 

The  question  being  upon  the  adoption  of  the  amendment  offered  bj 
Mr.  Clarke,  of  Henry,  to  the  Fourth  Se'ction  of  the  Bill  of  Rights, 

The  same  gentleman  moved  that  said  amendment,  together  with  the 
section  to  which  it  relates,  be  laid  upon  the  table,  subject  to  the  order 
of  the  Convention  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  d«- 
tided  in  the  affirmative,  as  follows : 

YEAS. 

Messrs.  Bunker,  Messrs.  Parvin, 

Clarke,  of  Henry,  Scott, 

Clarke,  of  Johnson,  Seely, 


Ill 

Messrs.  Clark,  of  Alamakee,  Messrs.  Todhunter, 
Edwards,  Traer, 

Ells,  Warren, 

Gower,  Wilson, 

Gray,  YouLg, 

Marvin,  Springer  (P.)  18. 

NAYS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Day,  Palmer, 

Emerson,  Patterson, 

Gibson,  Peters, 

Gillaspy,  Price, 

Hall,  Skiff, 

Harris,  Winchester, — 14. 

The  Sixth  Section  of  the  Bill  of  Rights  being  under  consideration 
as  follows : 

"All  laws  of  a  general  nature  shall  have  a  uniform  operation  ;" 
Mr.  Edwards  moved  to  amend  the  same  by  adding  thereto  as  follows  : 
"The  General  Assembly  shall  not  grant  to  any  citizen  or  class  of 

citizens  privileges  or  immunities,  which  upon  the  same  terms  shall  not 

equally  belong  to  all  citizens  ; 
Which  was  agreed  to. 

The  amendment  to  the  Ninth  Section  of  the  Bill  of  Rights  as  adopted 
in  Committee  of  the  Whole  was  agreed  to :  causing  said  section  to  read 
as  follows : 

The  right  of  trial  by  Jury  shall  remain  inviolate,  but  the  General 
Assembly  may  authorize  trial  by  a  jury  of  a  less  number  than  twelve 
men  in  Inferior  Courts  :  but  no  person  shall  be  deprived  of  life,  liberty 
or  property,  without  due  process  of  law. 

The  Tenth  Section  of  the  Bill  of  Rights  being  under  consideration, 
as  follows  : 

"In  all  criminal  prosecutions,  the  accused  shall  have  a  right  to  a 
speedy  trial  by  an  impartial  jury ;  to  be  informed  of  the  accusation 
against  him  ;  to  be  confronted  with  the  witnesses  against  jhim  ;  to  have 
compulsory  process  for  his  own  witnesses  ;  and  to  have  the  assistance 
of  a  counsel ;" 

Mr.  Clarke,  of  Henry,  moved  as  a  Substitute  therefor,  as  follows  : 

"  In  all  criminal  prosecutions,  and  in  cases  involving  the  life  or  lib- 
erty of  an  individual,  the  accused  shall  have  a  right  to  a  speedy  and 
public  trial  by  an  impartial  jury ;  to  be  informed  of  the  accusation 


112 

against  him,  and  to  have  a  copy  of  the  same  when  demanded  ;  to  be 
confronted  with  the  witnesses  against  him ;  to  have  compulsory  process 
for  his  own  witnesses  ;  and  to  have  the  assistance  of  counsel ;" 
Which  was  adopted. 

The  Eleventh  Section  of  the  Bill  of  Rights,  as  amended  by  the  Com- 
mittee of  the  Whole,  being  under  consideration,  as  follows  : 

"  No  person  shall  be  held  to  answer  for  a  criminal  offence,  unless  on 
presentment  or  indictment  by  a  grand  jury,  except  in  cashes  cognizable 
before  a  Justice  of  the  Peace,  or  arising  in  the  army,  or  navy,  or  in 
the  militia,  when  in  actual  service,  in  time  of  war  or  public  danger :  nor 
shall  any  person  be  compelled  in  any  criminal  prosecution  to  be  a  wit- 
ness against  himself ; 

And  the  substitute  therefor,  presented  by  the  Committee  on  Judicial 
Department,  having  been  read,  as  follows : 

"All  offenses  less  than  felony  and  in  which  the  punishment  does  not 
exceed  a  fine  of  one  hundred  dollars,  or  imprisonment  for  thirty  days, 
shall  be  tried  summarily  before  a  Justice  of  the  Peace,  or  other  officer 
authorized  by  law,  on  informrtion  under  oath,  without  indictment,  or 
tne  intervention  of  a  Grand  Jury,  saving  to  the  defendant  the  right  of 
appeal :  and  no  person  shall  be  held  to  answer  for  any  higher  criminal 
offense,  unless  on  presentment  or  indictment  by  a  Grand  Jury  except 
in  cases  arising  in  the  army  or  navy,  or  in  the  militia,  when  in  actual 
service,  in  time  of  war  or  public  danger  ;" 

Said  Substitute  was  adopted  as  the  Eleventh  Section. 

The  Thirteenth  Section  of  the  Bill  of  Rights,  being  under  considera- 
tion, as  follows-: 

"The  writ  of  habeas  corpus  shall  not  be  suspended  unless  in  case  of 
rebellion,  or  invasion,  the  public  safety  may  require  it ;" 

And,  the  amendment  offered  by  the  Committee  on  Judicial  Depart- 
ment, to  insert  between  the  words  "suspended"  and  "unless"  the 
words  "nor  shall  be  refused  when  application  is  made  as  required  by 
law"  having  been  read,  • 

Said  amendment  was  adopted. 

The  Eighteenth  Section  of  the  Bill  of  Rights  being  under  considera- 
tion, as  follows : 

"Private  property  shall  not  be  taken  for  public  use  without  just  com- 
pensation ;" 

Mr.  Harris  moved  to  amend  by  adding  thereto  the  following: 
"First    being    made  or  secured    to    be  paid  to  the    owner  thereof 
as  soon  as  the  damages  shall  be  assessed  by  a  Jury  who  shall  not 


113 

take  into  consideration  any  advantages  that  may  result  to  said  owner  on 
account  of  the  improvement  for  which  it  is  taken,  nor  unless  the  public 
exigency  requires  it ; 

Upon  the  question  of  agreeing  to  the  amendment,  the  yeas  and  nays 
were  demanded,  and  it  was  decided  in  the  negative  as  follows  .* 

YEAS. 

Messrs.  Ayers,  Messrs.  Harris, 
Clarke,  of  Henry,  Marvin, 

Day,  Palmer, 

Gibson,  Seely, 

Traer— 9. 

NAYS. 

Messrs.  Bunker,  Messrs.  Patterson, 

Clarke,  of  Johnson,  Peters, 

Clark,  of  Alamakee,  Price, 

Edwards,  Scott, 

Emerson,  Skiff, 

Gillaspy,  Solomon, 

Gower,  Todhunter, 

Gray,  Warren, 

Hall,  Wilson, 

Johnston,  Winchester, 

Parvin,  Young, 
Springer,  (Prest.,)— 23. 

Mr.  Wilson  moved  to  amend  said  section  by  adding  thereto,  as  follows  : 

"First  being  made  or  secured  to  be  paid  to  the  owner  thereof  as  soon 

as   the   damages   shall   be   assessed   by  a  jury  who    shall   not  take 

into  consideration  any  advantages  that  may  result  to  said  owner  on 

account  of  the  improvement  for  which  it  is  taken  ;" 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  affirmative,  as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Gray, 

Bunker,  Harris, 

Clarke,  of  Henry,  Marvin, 

Clark,  of  Alamakee,  Palmer, 

Day,  Parvin, 

Ells,  Seely, 

Gibson,  Traer, 

Gillaspy,  Wilson, 

Young— 17. 
8 


114 

NAYS. 

Messrs.  Clarke,  of  Johnson,  Messrs.  Price, 

Edwards,  Scott, 

Emerson,  Skiff, 

Gower,  Solomon, 

Hall,  Todhunter, 

Johnston,  Warren, 

Patterson,  Winchester, 

Peters,  Springer  (P.  )16. 

Mr.  Clark,  of  Alamakee,  offered  the  following  to  come  in  as  the 
Nineteenth  Section  of  the  Bill  of  Rights : 

"Private  roads  may  be  opened  in  the  manner  prescribed  by  law,  but 
in  every  case  the  necessity  of  the  road  and  the  amount  of  damages 
sustained  by  the  opening  thereof  shall  first  be  determined  by  a  jury  of 
disinterested  freeholders  and  such  amount  together  with  the  expenses  of 
the  proceeding  shall  be  paid  by  the  person  or  persons  benefitted  thereby 
before  said  road  shall  be  opened  ;" 

Upon  this  question,  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  negative,  as  follows : 

YEAS. 

Messrs.  Bunker,  Messrs.  Ells, 
Clarke,  of  Henry,  Gray, 

Clark,  of  Alamakee,  Marvin, 

Day,  Seely, 

Traer— 9. 

NAYS. 

Messrs.  Ayers,  Messrs.  Parvin, 

Clarke,  of  Johnson,  Peters, 

Edwards,  Price, 

Emerson,  Scott, 

Gibson,  Skiff, 
Gillaspy,                                            ,  Solomon, 

Gower,  Todhunter, 

Hall,  Warren  j 

Harris,  Wilson, 

Johnston,  Winchester, 

Palmer,  Young, 

Patterson,  Springer  (P.)  24. 

The  Twentieth  Section  of  the  Bill  of  Rights  being  under  considera- 
tion, as  follows : 

'•The  people  have  the  right  freely  to  assemble  together  to  counsel  for 


115 

the  common  good  ;  to  make  known  their  opinions  to  their  representa- 
and  to  petition  for  a  redress  of  grievances  ;" 

The  amendments  made  in  the  Committee  of  the  Whole  to  insert  after 
the  word  "together"  the  words  "in  a  peaceable  manner"  and  to  strike 
out  the  word  "counsel"  and  insert  the  word  "consult ;" 

Were  severally  disagreed  to. 

The  Twenty-first  Section  of  the  Bill  of  Rights  being  under  consid- 
eration, as  follows : 

"No  bill  of  attainder,  ex  post- facto  law,  or  law  impairing  the  obliga- 
tion of  contracts,  shall  ever  be  passed  ;" 

And  the  question  being  upon  agreeing  to  the  amendment  made  in 
Committee  of  the  Whole,  to  insert  between  the  words  "contract"  and 
"shall"  the  words  "or  the  right  of  property," 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  nega- 
tive, as  follows  : 

YEAS. 

Messrs.  Emerson,.  Messrs.  Harris, 
Gillaspy,  Peters, 

Hall,  Price, 

Solomon — 7. 

NAYS. 

Messrs.  Ayers,  Messrs.  Marvin, 

Bunker,  Palmer, 

Clarke,  of  Henry,                             Parvin, 

Clarke,  of  Johnson,                        Patterson, 

Clark,  of  Alamakee,  Scott, 

Day,  Seely, 

Edwards,  Skiff, 

Ells,  Todhunter, 

Gibson,  Traer, 

Gower,  Warren, 

Gray,  Wilson, 

Johnston,  Winchester, 

Young,  Springer  ( P. , )  26. 

The  Twenty-third  Section  of  the  Bill  of  Eights  being  under  consid- 
eration, as  follows : 

"Neither  slavery  nor  involuntary  servitude  unless  for  the  punishment 
of  crimes  shall  ever  be  tolerated  in  this  State  ;" 

Mr.  Wilson  offered  the  following  as  a  substitute  for  said  section  : 


116 

"There  shall  be  no  slavery  in  this  State  :  nor  shall  there  be  involun- 
tary servitude  unless  for  the  punishment  of  crime ;" 
Which  was  adopted. 

Mr.  Solomon  offered  the  following  to  come  in  as  the  Twenty- fourth 
Section  of  the  Bill  of  Rights  : 

"The  manufacture  of,  or  traffic  in,  property  which  is  a  production  of 
this  State  or  a  legitimate  article  of  traffic  with  other  States,  or  foreign 
nations,  shall  not  be  prohibited  ;" 

Mr.  Clarke,  of  Johnson,  offered  as  a  Substitute  for  said  proposed 
section  as  follows : 

The  right  of  the  people  to  prohibit  by  law  the  manufacture  and  sale 
of  intoxicating  liquors  as  a  beverage  shall  not  be  violated  or  abrogated  ; 

Mr.  Edwards  moved  that  the  proposed  section  and  the  substitute 
therefor  be  laid  on  the  table  ; 

Upon  the  question  of  agreeing  to  this  motion  the  yeas  and  nays  were 
demanded,  and  it  was  decided  in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Marvin, 

Bunker,  Palmer, 

Clarke,  of  Henry,  Patterson, 

Clark,  of  Alamakee,  Scott, 

Day,  Seely, 

Edwards,  Todhunter, 

Emerson,  Traer, 

Gibson,  Warren, 

Gower,  Wilson, 

Harris,  Winchester, 
Young— 21. 

NAYS. 

Messrs.  Clarke,  of  Johnson,         Messrs.  Parvin, 
Ells,  Peters, 

Gillaspy,  Price, 

Gray,  Skiff, 

Hall,  Solomon, 

Johnston,  Springer,  (P.)  12. 

The  amendment  made  in  the  Committee  of  the  Whole  to  the  Bill  of 
Rights,  and  intended  to  come  in  as  the  Twenty-fourth  section,  being 
under  consideration,  as  follows : 

24.  Exclusive  jurisdiction  shall  never  be  granted  to  the  Government 
of  the  United  States  over  any  territory  embraced  within  the  limits  of 
this  State ; 


117 

The  question  being  upon  agreeing  to  the  same, 

The  yeas  and  nays  were  demanded,  and  it  was  .decided  in  the  nega- 
tive as  follows : 

YEAS. 

Messrs.  Clarke,  of  Henry,  Messrs.  Traer, 

Scott,  Warren, 

Seely,  Wilson, 

Solomon,  Young, 

Springer,  (Prest.,) — 9. 


NAYS. 

Messrs.  Ayers, 
Bunker, 

Clarke,  of  Johnson, 
Clark,  of  Alamakee, 
Day, 
Edwards, 
Emerson, 
Gibson, 
Gillaspy, 
Gower, 
Gray, 

Winchester— 23. 


Messrs.  Hall, 
Harris, 
Johnston, 
Marvin, 
Palmer, 
Parvin, 
Patterson, 
Peters, 
Price, 
Skiff, 
Todhunter, 


Mr.  Clarke,  of  Henry,  offered  the  following  to  come  in  as  the  Twen- 
ty-fourth section  of  the  Bill  of  Rights  : 

24.  No  lease  or  grant  of  agricultural  lands  reserving  any  rent, 
or  service  of  any  kind,  shall  be  valid  for  a  longer  period  than  twenty 
years  ; 

Which  was  adopted.    • 

Mr.  Clarke,  of  Henry,  offered  the  following  as  an  additional  section 
to  the  Bill  of  Rights : 

"Such  parts  of  the  common  law  as  are  not  repugnant  to  this  Consti- 
tution and  the  statutory  laws  of  the  State,  shall  be  and  continue  the 
law  of  this  State  "subject  to  such  changes  and  alterations  therein 
as  the  General  Assembly  may  make  ;" 

Which  was  not  agreed  to. 

Mr.  Bunker  offered  the  following  as  a  substitute  for  the  first  section 
of  the  Bill  of  Rights  ; 

All  men  are  by  nature  equally  free  and  equally  dependent  on  each 
other,  and  are  possessed  of  certain  inherent  and  inalienable  right*, 


118 

among  which  are  those  of  enjoying  and  defending  life  and  liberty  and 
pursuing  and  obtaining  safety  and  happiness  ; 

On  motion, 

The  same  was  laid  on  the  table. 

The  consideration  of  the  report  of  the  Committee  of  the  Whole  on 
the  Preamble  and  Bill  of  Rights  having  been  concluded, 

On  motion  of  Mr.  Clarke,  of  Johnson, 
The  same  was  ordered  to  lie  on  the  table. 

Mr.  Clarke,  of  Henry,  from  the  Committee  on  Incorporations  present- 
ed the  following 

REPORT. 

The  Committee  on  Incorporations  to  whom  was  referred  the  resolu- 
tion of  Mr.  Gower — at  a  time  when  they  had  matured  the  plan  of  the 
report  heretofore  submitted  by  them — would  further  respectfully  report : 

The  act  for  a  State  Bank  and  branches,  annexed  to  said  resolution » 
meets  with  the  approval  of  the  committee  in  all  its  main  features  and 
so  far  as  the  provisions  extend. 

But  after  providing  suitable  Constitutional  restraints  and  limits  within 
which  laws  may  be  formed,  the  details  of  special  enactment  fall  more 
legitimately  to  the  province  of  a  Legislative  body  than  to  this  Con- 
vention. 

They  would  for  this  reason  deem  it  inexpedient  to  engraft  into  the 
Constitution  the  "Bill"  annexed  to  said  resolution  with  or  without 
amendments. 

Respectfully, 

R.  L.  B.  CLARKE, 

Chairman. 

Which  report  was  read,  and  ordered  to  be  laid  upon  the  table. 

On  motion  of  Mr.  Winchester, 
The  Convention  then  adjourned. 


119 


WEDNESDAY  MORNING,  FEBRUARY  4,  1857. 

At  nine  o'clock,  A.  M. ,  the  Convention  came  to  order,  the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday  was  read  and  approved. 

Mr.  Parvin  presented  the  petition  of  Charles  Jackson  and  thirty-two 
others,  colored  people  of  the  State  of  Iowa,  praying  that  the  Constitu- 
tion may  be  so  modified  as  to  grant  to  persons  of  their  class,  the  right 
of  suffrage ; 

Which  was  read  and  referred  to  the  Committee  on  Right  of  Suffrage. 

Mr.  Todhunter  presented  the  memorial  of  John  S.  Deakin  and 
eighty- four  others,  citizens  of  Iowa,  asking  that  the  clause  in  the  pres- 
ent Constitution,  restricting  the  size  of  counties  to  certain  limits,  be 
modified,  or  entirely  omitted,  in  the  revised  Constitution  ; 

Which  was  read  and  referred  to  the  Committee  on  Miscellaneous 

Matter. 

Mr.  Skiff  moved  to  refer  the  Report  of  the  Committee  on  Right  of 
Suffrage  to  a  select  committee  of  five  ; 

Upon  the  question  of  agreeing  to  this  motion,  the  yeas  and  nays  were 
demanded,  and  it  was  decided  in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Parvin, 

Clarke,  of  Henry,  Price, 

Clarke,  of  Johnson,  Seely, 

Clark,  of  Alamakee,  Skiff, 

Ells,  Todhunter, 

Gower,  Traer, 

Gray,  Warren, 

Hall,  Wilson, 

Harris,  Springer,  (P. )  18. 

NAYS. 

Messrs.  Ayers,  Messrs.  Marvin, 
Day,  Palmer, 

Edwards,  Patterson, 


120 

Messrs.  Emerson,  Messrs.  Peters, 

Gibson,  Solomon, 

Gillaspy,  Winchester, 

Johnston,  Young. — 14. 

The  President  then  appointed  Messrs.  Skiff,  Hall,  Clarke,  of  Henry, 
Price  and  Marvin,  said  Committee. 

The  Report  of  the  Committee  on  Distribution  of  Powers  and  Legis- 
lative Department  having  been  read, 

Mr.  Clarke,  of  Johnson,  moved  that  the  same  be  laid  on  the  table, 
and  be  made  the  special  order  for  Friday  morning  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  affirmative,  as  follows : 

YEAS. 

Messrs.  Bunker,  Messrs.  Peters, 

Clarke,  of  Henry,  Scott, 

Clarke,  of  Johnson,  Seely, 

Clark,  of  Alamakee,  Todhunter, 

Ells,  Traer, 

Gower,  Warren, 

Gray,  Wilson, 

Marvin,  Young, 

Parvin,  Springer  (P, )— 18. 

NAYS. 

Messrs.  Day,  Messrs.  Johnston, 

Edwards,  Palmer, 

Emerson,  Patterson, 

Gibson,  Price, 

Gillaspy,  Skiff, 

Hall,  Solomon, 

Harris,  Winchester — 14. 

The  report  of  the  Committee  on  Executive  Department,  having  been 
read, 

Mr.  Price  moved  that  it  be  laid  on  the  table  and  made  the  order 
of  the  day  for  Monday  next ; 

Which  was  agreed  to. 

Mr.  Gillaspy  moved  that  the  Convention  do  now  adjourn ; 
Which  motion  was  not  agreed  to. 

Mr.  Gillaspy  then  moved  to  take  up  the  Report  of  the  committee  on 


121 

Preamble  and  Bill  of  Rights  which  was  laid  on  the  table  yesterday 
afternoon ; 
Which  motion  was  agreed  to. 

Mr.  Clarke,  of  Henry, ,  moved  that  the  same  be  referred  to  a  select 
committee  of  three; 

Mr.  Hall  moved  to  amend  the  motion  by  referring  the  same  to  the 
select  committee  already  raised,  to  whom  had  been  referred  the  Report 
of  the  Committee  on  Right  of  Suffrage ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Johnston, 
Day,  Palmer, 

Emerson,  Patterson, 

Gibson,  Peters, 

Gillaspy,  Price, 

Hall,  Skiff— 12. 

NAYS. 

Messrs.  Bunker,  Messrs*  Parvin, 
Clarke,  of  Henry,  Scott, 

Clarke,  of  Johnson,  Seely, 

Clark,  of  Alamakee,  Solomon, 

Edwards,  Todhunter, 

Ells,  Traer, 

Gower,  Warren, 

Gray,  Wilson, 

Harris,  Winchester, 

Marvin,  Young, 

Springer,  (Prest.,) — 21. 

Mr.  Hall  moved  to  amend  the  motion  to  refer  so  as  to  instruct  the 
committee  to  consider  alone  the  Fourth  Section  of  said  Report ; 

Mr.  Clarke,  of  Henry,  moved  to  amend  the  amendment  so  as  to  in- 
clude the  First,  Fourth,  Tenth  and  Eighteenth  Sections  of  said  Report ; 

Which  motion  was  agreed  to. 

The  motion  to  refer  the  Report  of  the  committee  on  Preamble  and 
Bill  of  Rights  to  a  select  committee  of  three,  with  instructions  to  con- 
sider the  First,  Fourth,  Tenth  and  Eighteenth  Sections  thereof, 

Was  then  agreed  to  ;  and 
8* 


122 

The  President  appointed  Messrs.  Clarke,  of  Henry,  Harris  and  Wil- 
son said  Committee. 

The  Reports  of  the  majority  and  minority  of  the  committee  on  Judi- 
cial Department,  having  been  read,  respectively, 

Mr.  Edwards   moved  that  they  be  made  the  special  order  for  this 
afternoon  at  2  o'clock,  P.  M. 

Which  motion  was  agreed  to. 

On  motion  of  Mr.  Traer, 

The  Convention  then  adjourned. 


WEDNESDAY  AFTERNOON. 

At  2  o'clock,  P.  M.,  the  Convention  again  met. 

On  motion  of  Mr.  Edwards, 

The  Convention  resolved  itself  into  Committee  of  the  Whole,  Mr. 
Johnston  in  the  Chair,  upon  the  consideration  of  the  Reports  of  the 
majority  and  minority  of  the  Committee  on  Judicial  Department :  and, 
after  some  time  spent  therein,  the  Committee  rose  : 

,    The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  reported,  that  progress 
had  been  made  in  the  consideration  of  the  subject  before  them  ;  and  the 
Committee  asked  and  obtained  leave  to  sit  again. 

Mr.  Clarke,  of  Johnson,  moved  that  the  Report  of  the  Committee  of 
the  Whole  be  laid  on  the  table  and  that  the  subject  they  have  under  con- 
sideration be  made  the  special  order  for  to-morrow  morning  ; 

Which  motion  was  agreed  to. 

On  motion  of  Mr.  Clarke,  of  Johnson, 
The  Convention  then  adjourned. 


THURSDAY  MORNING,  FEBRUARY  5,  1857. 

At  nine  o'clock,  A.  M.,  the  Convention  came  to  order,  the  President 
in  the  Cnair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

Mr.  Parvin  offered  the  following : 

Resolved,  That  the  majority  and  minority  reports  of  the  committee 
;on  Judicial  Department  be  referred  to  the  same  committee,  with  instruc- 
tions to  report  the  old  system  so  changed  as  to  elect  the  Supreme 
Judges,  and  re- district  the  the  State  into  not  more  than  ten  districts. 

The  Chair  having  ruled  that  action  on  said  resolution  would  be  out  of 
order  at  this  time, 

The  Convention  proceeded  to  the  consideration  of  the  special  order  of 
the  day. 

The  Convention  then  resolved  itself  into  committee  of  the  Whole, 
Mr.  Johnston  in  the  Chair,  upon  the  consideration  of  the  Reports  of 
the  majority  and  minority  of  the  committee  on  Judicial  Department  ; 
and,  after  some  time  spent  therein,  the  committee  rose. 

The  Convention  having  again  come  to  order, 

The  chairman  of  the  committee  of  the  Whole  reported  that  progress 
had  been  made  in  the  consideration  of  the  subject  before  them  :  and 
the  committee  asked  and  obtained  leave  to  sit  again. 

On  motion  -of  Mr.  Harris, 
The  Convention  then  adjourned. 


124 


THURSDAY  AFTERNOON. 
At  two  o'clock,  P.  M.,  the  Convention  again  met. 

Mr.  Clarke,  of  Henry,  asked  leave  to  make  a  report  on  behalf  of  the 
majority  of  the  committee  on  Judicial  Department  ; 

Which  the  Chair  ruled  out  of  order  for  the  reason  that  the  subject 
was  in  possession  of  the  committee  of  the  Whole. 

The  Convention  then  resolved  itself  into  committee  of  the  Whole,  Mr. 
Johnston  in  the  Chair,  upon  the  consideration  of  the  Reports  of  the 
majority  and  minority  of  the  committee  on  Judicial  Department,  and 
after  some  time  spent  therein,  the  committee  rose: 

The  Convention  having  again  come  to  order, 

The  chairman  of  the  committee  of  the  Whole  reported  back  the 
Reports  of  the  majority  and  minority  of  the  committee  on  Judicial  De- 
partment without  amendment. 

On  motion  of  Mr.  Clarke,  of  Henry> 

Said  Reports  were  then  referred  to  the  committee  on  Judicial  Depart- 
ment. 

Mr.  Clarke,  of  Henry,  from  the  committee  on  Judicial  Department, 
then  reported  a  Substitute  for  said  Reports,  as  follows : 

The  majority  of  the  committee  on  the  Judiciary  ask  leave  to  make 
the  following 

REPORT. 

SECTION  1.  The  judicial  power  shall  be  vested  in  a  Supreme  Court, 
District  Courts,  Circuits  Courts,  and  such  other  inferior  Courts  as  the 
General  Assembly  may  establish. 

SEC.  2.  The  Supreme  Court  shall  consist  of  a  Chief  Justice  and  two 
Associate  Justices,  two  of  whom  shall  be  a  quorum  to  hold  Court. 
They  shall  be  elected  by  the  people  of  the  State  at  large,  and  shall  hold 
their  office  six- years  (except  as  herein  provided),  and  until  their  suc- 
cessors shall  be  elected  and  qualified.  The  salary  of  each  shall  not  be 
less  than  two  thousand  dollars  nor  more  than  five  thousand  dollars  per 
annum,  to  be  fixed  by  law,  and  not  changeable  during  their  term  of 
office. 


125 

SEC.  3.  The  State  shall  be  divided  into  three  judicial  districts,  to  be 
bounded  by  county  lines,  and  as  nearly  equal  in  population  and  territo- 
ry as  may  be,  and  each  of  said  districts  shall  be  subdivided  in  the  same 
manner,  into  four  divisions,  called  circuits. 

SBC.  4.  There  shall  be  twelve  District  Judges,  who  shall  also  be 
Circuit  Judges,  one  of  whom  shall  reside,  after  his  election,  in  each  of 
the  said  circuits  ;  shall  be  elected  by  the  people  of  the  districts  a,t  large, 
and  to  hold  office  for  four  years,  (except  as  herein  provided,)  and  until 
their  successors  are  elected  and  qualified  ;  and  shall  have  each  a  salary 
of  not  less  than  one  thousand  dollars,  nor  over  three  thousand  dollars, 
and  not  changeable  during  their  term  of  office. 

SEC.  5.  At  the  first  election  of  judicial  officers  under  this  Constitu- 
tion— which  shall  be  at  the  first  general  election  after  its  adoption — 
they  shall  be  so  classified,  under  provisions  of  law,  that  one  of  the  Su- 
preme Court  Judges  shall  go  out  of  office  every  two  years,  and  one  of 
the  District  Judges  in  each  district  shall  go  out  of  office  every  year,  and 
their  successors  shall  be  elected  for  the  full  terms.  The  Justice  of  the 
Supreme  Court  having  the  longest  term  at  the  first  election,  shall  be 
Chief  Justice  ;  and  after  the  expiration  of  his  term,  the  Justice  long- 
est presiding  shall  be  Chief  Justice.  And  in  each  district  the  Judge 
elected  for  the  longest  term  shall  be  Presiding  Judge,  and  after  the  ex- 
piration of  his  term,  the  Judge  longest  presiding  shall  be  thus  desig- 
nated. 

SEC.  6.  The  resident  Judge  in  each  circuit  shall  hold  the  courts 
therein,  except  when  otherwise  provided  by  law,  and  the  Circuit  Court 
shall  be  courts  of  law  and  equity,  having  jurisdiction!  n  each,  over  all 
matters,  civil  or  criminal,  arising 'in  their  respective  circuits,  under  such 
regulations  as  the  law  may  provide. 

SEC.  7.  The  District  Courts  shall  be  composed  by  the  meeting  of  the 
Circuit  Judges  in  each  district  in  bank,  at  such  times  and  places  as  shall 
be  provided  by  law ;  any  three  of  whom  shall  constitute  a  quorum  to 
hold  a  court ;  but  no  Judge  shall  vote,  or  join  in  an  opinion,  in  a  case 
which  was  tried  before  him  in  the  Circuit  Court ;  nor  in  which  he  may 
be  or  may  have  been  interested  ;  nor  in  which  he  may  be,  or  may  have 
been  connected  as  attorney  or  counselor  at  law.  The  General  Assembly 
may  make  provisions  for  justices  of  the  Supreme  Court,  and  Judges 
from  another  district,  to  sit  upon  the  bench  of  the  District  Courts  in 
cases  where  it  may  be  necessary,  or  for  the  good  of  the  public. 

SEC.  8.  The  District  Courts  shall  have  exclusive  jurisdiction  in  all 
matters  arising  in  the  Circuit  Courts  of  their  respective  districts,  and 
brought  up  on  appeal  or  writ  of  error,  in  such  manner  as  shall  be  pro- 
vided by  law,  except  in  cases  where  the  law  may  provide  for  their  going 
directly  to  the  Supreme  Court. 


126 

r-.SE.e.  9.  ,Tfe6  Supreme  Court  shall  have  appellate  jurisdiction  in  chan- 
cery,- and  constitute  a  court  for  the  correction  of  errors  at  law,  in  all 
cases  coming  from,  the  District  Courts  ;  and  in  such  cases  from  the 
Circuit  Courts  as  the  law  may  provide  ; — and  shall  have  the  right  to 
appoint  its  own  clerk  and  reporter. 

'  SEC.  10.  There  shall  be  a  clerk  of  the  Circuit  Court  elected  in  each 
county  wThere  a  term  of  such  court  shall  be  appointed  by  law  to  be  held, 
who  shall  also  be  clerk  of  the  District  Court  in  those  counties  where 
said  District  Courts  shall  be  appointed  by  law  to  be  held. 

SEC.  11.  Each  of  said  courts  shall  exercise  a  supervisory  control 
over  all  inferior  courts  within  the  limits  of  their  respective  jurisdictions 
and  be  conservators  of  the  peace  therein  ;  they  shall  have  power  to  issue 
at!  usual  writs  and  process  and  to  enforce  the  same. 

SEC.'  12.  No  judicial  officer,  provided  for  herein,  .shall  be  eligible  to 
any  other  office  during  the  term  for  which  he  shall  be  elected  ;  except 
that  district  judges  shall  be  eligible  to  the  office  of  Justice  of  the  Su- 
preme Court ;  and  their  terms  of  ;office  shall  commence  the  1st  of  Jan- 
uary next  after  their  election,  but  in  cases  of  a  vacancy  the  same  may 
be  filled  by  appointment  by  the  Governor,  until  it  shall  be  supplied  at 
the  next  general  election,  when  it  shall  be  filled  by  election  for  the  res- 
idue of  the  unexpired  term.-  , 

SEC,  13.  It  shalj.be  the  duty  of  the  General  Assembly  to  make  such 
provisions  by  law  as  shall  be  necessary  for  the  carrying  into  effect  of 
this  article  and  to  provide  f  oi?  a  regular  system  of  practice  in  all  the 
courts  of  the  State.  To  provide  for  the  election  of  an  Attorney  General 
to  reside  at  the  Capital  and  for  the  election  of  Prosecuting  Attorneys 
in  each  circuit,  in  lieu  of  the  Prosecuting  Attorneys  in  the  several 
counties,  and  to  prescribe  their  powers,  duties,  terms  of  office  and 
salary. 

SEC.  14.  The  style  of  all  process  shall  be,  "The  State  of  Iowa;" 
and  all  prosecutions  shall  be  conducted  in  the  name  and  by  authority  of 
the  same. 

SEC.  15.  After  the  year  1860,  the  General  Assembly  may  re- organize 
the  judicial  districts,  and  increase  or  diminish  the  number  of  districts, 
or  the  number  of  Judges  of  the  Supreme  or  District  Courts  ;  but  such 
increase  or  diminution  shall  not  be  more  than  one  district,  or  one  Judge 
of  either  Court  at  a  time  ;  and  no  re- organization  of  the  districts,  or 
diminution  of  the  Judges  shall  have  the  effect  of  removing  a  Judge  from 
office.  Such  re- organization  of  the  districts,  or  increase  or  diminution 
of  the  Judges  shall  take  place  every  five  years  thereafter,  if  necessary, 
and  at  no  other  time. 


127 

SEC.  16.  The  Supreme  Court,  with  one  District  Judge  from  each 
district,  to  be  selected  as  shall  be  provided  by  law,  shall  form  a  Court 
for  the  trial  of  all  impeachments,  except  in  cases  where  a  Justice  of  the 
Supreme  Court  is  upon  trial,  when  the  Court  shall  be  composed  of  the 
District  Judges,  a  majority  of  whom  shall  constitute  a  quorom.  Incom- 
petency  shall  be  a  ground  for  impeachment,  in  a  judicial  officer  ;  and 
all  impeachments  must  be  found  by  the  General  Assembly. 

R.  L.  B.  CLARKE, 

J.  C.  HALL, 

PANIEL  II.  SOLOMON, 

Committee. 

Which,  after  having  been  read, 
On  motion  of  Mr.  Skiff, 

Was  laid  upon  the  table,  and  one  hundred  copies  thereof  were 
ordered  to  be  printed  for  the  use  of  the  Convention. 

Mr.  Clarke,  of  Johnson,  from  the  Committee  on  Judicial  Depart- 
ment, made  a  minority  report,  being  the^same  which  he  had  previously 
reported  from  the  minority  of  said  Committee  ; 

Which  was  read  and  ordered  to  lie  upon  the  table. 

The  Convention  then  proceeded  to  the  consideration  of  the  Report  of 
the  committee  on  State  Debts  : 

Said  report  having  been  read, 

The  Convention  resolved  itself  into  committee  of  the  Whole,  upon  its 
consideration,  Mr.  Gray  in  the  Chair,  and  after  some  time  spent  therein, 
the  committee  rose. 

The  convention  having  again  come  to  order, 

The  Chairman  reported,  that  the  Committee  of  the  Whole  to  whom 
had  been  referred  the  Report  of  the  committee  on  State  Debts,  had 
the  same  under  consideration,  and  had  instructed  him  to  report  the  same 
J>ack  to  the  Convention  with  sundry  amendments  ; 

Said  report  was  received  and  the  committee  discharged. 

On  motion  of  Mr.  Clarke,  of  Johnson,  the  report  of  the  committee 
o£  the  Whole  was  laid  upon  the  table,  subject  to  the  order  of  the  Con- 
vention. 

On  motion  of  Mr.  Traer, 
The  convention  then  adjourned. 


128 


FRIDAY  MORNING,  FEBRUARY  6,  1857. 

At  nine  o'clock,  A.  M.,  the  Convention  came  to  order,  the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

Mr.  Traer  from  the  select  committee  on  the  Basis  of  Representation 
made  the  following 

REPORT. 

Mr.  PRESIDENT  :•• — 

The  committee  to  whom  was  referred  that  part  of  the 
Constitution  relating  to  the  basis  of  representation  have  had  the  same 
under  consideration  andThave  instructed  me  to  report  the  following  sec- 
tions as  an  amendment  to  the  article  on  legislative  department  as  re- 
ported by  your  standing  committee.  Insert  after  section  36  as  follows  : 

SECTION  1.  The  House  of  Representatives  shall  be  based  upon  the 
several  counties  of  the  State  in  the  following  manner  :  Provided,  That 
no  Representative  district  shall  contain  more  than  four  organized  coun- 
ties and  shall  be  entitled  to  one  Representative.  Any  district  contain- 
ing one  or  more  counties  and  having  a  number  of  inhabitants  equal  to 
one-half  of  the  ratio  fixed  by  law,  shall  be  entitled  to  one  Representa- 
tive, and  any  one  county  containing  in  addition  to  the  ratio  fixed  by 
law,  a  fraction  of  one -half  of  that  number  shall  be  entitled  to  one  ad- 
ditional Representative.  Provided  farther,  That  no  floating  district 
shall  hereafter  be  formed. 

SEC.  2.  At  its  first  session  under  this  Constitution,  and  at  every  sub- 
sequent session,  the  General  Assembly  shall  proceed  to  fix  the  ratio  of 
representation  and  also  to  form  into  districts  as  above  provided,  those 
counties  which  will  not  be  entitled  to  a  Representative  singly  under  the 
provision  of  the  preceding  section. 

All  of  which  we  respectfully  submit, 

J,  C.  TRAER, 

Chairman. 

Mr.  Solomon  dissents  from  the  above  in  the  fact  that  he  prefers  a 


1-29 

strict  county  representation  which  will  secure  at  least  one  member  to  each 
county. 

The  reading  of  said  report  was  dispensed  with,  and  the  same  was  or- 
dered to  lie  on' the  table,  and  that  one  hundred  copies  thereof  be  print- 
ed for  the  use  of  the  Convention. 

Mr.  Skiff  offered  the  following  resolution : 

Resolved,  That  James  Hawkins,  First  Messenger,  be  discharged  from 
further  duty  in  this  Convention ; 

Mr.  Harris  moved  to  amend  by  striking  out  the  word  "  discharged" 
and  what  follows,  and  .insert  "reprimanded  by  the  President  for  want 
of  attention  and  courtesy  to  members  ;" 

Mr.  Hall  moved  to  lay  the  resolution  upon  the  table  subject  to  the  or- 
der of  the  Convention ; 

Which  motion  was  agreed  to. 

Mr.  Traer  moved  to  postpone  the  special  order  for  this  morning,  be- 
ing the  consideration  of  the,report  of  the  Committee  on  Distribution  of 
Powers  and  Legislative  Department,  until  Tuesday  next ; 

Which  was  agreed  to. 

On  motion  of  Mr.  Traer, 

The  Report  of  the  Committee  of  the  Whole  on  State  DebtB  was  taken, 
up,  the  same  being  upon  its  second  reading. 

The  Second  Section  of  said  report  having  been  read,  and, 
The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole  to  said  section  by  striking  out  "one  hundred  thou- 
Band  dollars"  and  inserting  "two  hundred  and  fifty  thousand  dollars," 

Mr.  Clarke,  of  Johnson,  moved  to  amend  the  amendment  by  substi- 
tuting "five  hundred  thousand  dollars"  for  "two  hundred  and  fifty 
thousand  dollars  ;" 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  negative,  as  follows : 

YEAS. 

Messrs.  Bunker,  Messrs.  Gower, 

Clarke,  of  Johnson,  Skiff, 

Ells,  Young, 

Springer,  (Prest.,) — 7. 

NAYS. 

Messrs.  Ayers,  Messrs.  Marvin, 

Clark,  of  Alamakee,  Palmer, 

9 


130 


Messrs. 

Day,                                Messrs. 

Parvin, 

Edwards, 

Patterson, 

Emerson, 

Peters, 

Gibson, 

Price, 

Gillaspy, 

Scott, 

Gray, 

Solomon, 

Hall, 

Traer, 

Harris, 

Warren, 

Johnston, 

Wilson, 

Winchester—  23. 

Upon  the  question  of  agreeing  to  the  amendment  made  in  Committee 
of  the  Whole, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirm- 
ative, as  follows : 

YEAS. 

Messrs.  Bunker,  Messrs.  Marvin, 

Clarke,  of  Johnson,  Parvin, 

Clark,  of  Alamakee,  Patterson, 

Edwards,  Seely, 

Ells,  Skiff, 

Gower,  Traer, 

Gray,  Winchester, 

Hall,  Young, 
Springer,  (Prest.,) — 17. 

NAYS. 

Messrs.  Ayers,  Messrs.  Palmer, 

Day,  Peters, 

Emerson,  Price, 

Gibson,  Scott, 

Gillaspy,  Solomon, 

Harris,  Warren, 

Johnston,  Wilson — 14. 

The  amendment  made  in  Committee  of  the  Whole  to  said  report,  to 
come  in  as  Sec.  3,  being  under  consideration,  as  follows : 

SEC.  3.  All  losses  to  the  permanent  school  or  university  fund  of  this 
State,  which  loss  shall  have  been  occasioned  by  the  mismanagement  or 
fraud  of  the  agents  or  officers  controlling  and  managing  the  same,  shall 
be  audited  by  the  proper  authorities  of  the  State.  The  amount  so  aud- 
ited shall  be  a  permanent  funded  debt  against  the  State  in  favor  of 
these  respective  funds,  upon  which  ten  per  cent,  interest  payable  semi- 
annually  shall  be  paid  for  school  and  university  purposes.  The  amount 


131 

of  liability  so  created  shall  not  be  counted  as  a  part  of  the  indebtedness 
authorized  by  the  second  section  of  this  article  ; 

Mr.  Clarke,  of  Johnson,  moved  to  strike  out  the  word  "ten"  in  said 
proposed  section,  and  insert  the  words  " not  less  than  six ;"  and  the 
words  "serni- annually"  and  insert  "annually  ;" 

Which  motion  was  agreed  to. 

Said  proposed  section,  as  amended,  was  then  agreed  to. 

The  amendment  made  in  Committee  of  the  Whole  to  the  fourth  sec- 
tion of  said  repert,  to  strike  out  near  the  beginning  of  said  section,  the 
words  "specified  in  the  second  and  third  sections  of"  and  insert  th« 
words,  "herein  before  specified  in,"  being  under  consideration, 

The  same  was  agreed  to. 

Mr.  Clarke,  of  Johnson,  moved  to  amend  the  fifth  section  of  Baid  re- 
port by  striking  out  the  latter  words  of  said  section,  as  follows-:  "pro- 
ceeds thereof  shall  have  made  the  provisions  herein  before  specified  to 
pay  and  discharge  the  interest  and  principal  of  such  debt  and  liability ;" 
—and  to  insert  the  words  "principal  and  interest  are  fully  paid  ;" 

Which  motion  was  agreed  to. 

Mr.  Clarke,  of  Johnson,  offered  the  following  as  an  additional 
•ection : 

SEC.  —  Every  contract  made  or  entered  into,  which  either  directly 
or  indirectly  violates  the  provisions  of  this  Article,  shall  be  null  and 
void : 

Upon  the  question  of  agreeing  to  the  same,  the  yeas  and  nayi  were 
demanded,  and  it  was  decided  in  the  negative,  as  follows : 

YEAS. 

Messrs.  Bunker,  Messrs.  Palmer, 

Clarke,  of  Henry,  Peters, 

Clarke,  of  Johnson,  Price, 

Ells,  Scott, 

Emerson,  Winchester, 

Gower,  Young, 
Springer,  (Prest.,) — 13. 

-NAYS. 

Messrs.  Ayers,  Messss.  Johnston, 
Clark,  of  Alamakee,  Marvin, 

Day,  Parvin, 

Edwards,  Patterson, 

Gibson,  Seely, 


132 

Messrs.  Gillaspy,  Messrs.  Skiff, 

Gray,  Solomon, 

Hall,  Traer, 

Harris,  Wilson— 18. 

Mr.  Winchester  moved  that  the   report  of  the  committee  on  State 
Debts  as  amended  be  engrossed  and  ordered  to  have  a  third  reading  ; 
Which  motion  was  agreed  to. 

The  Report  of  the  committee  on  Incorporations  was  then  taken  up. 
Said  report  having  been  read, 

Mr.  Harris  moved  that  it  be  made  the  special  order  for  this  afternoon 
at  two  o'clock  ; 

Mr.  Clarke,  of  Henry,  moved  to  amend  by  making  it  the  special  or- 
der for  Wednesday  next ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Gower, 

Clarke,  of  Henry,  Gray, 

Clarke,  of  Johnson,  Scott, 

Clark,  of  Alamakee,  Traer, 

Ells,  Wilson, 

Springer,  (Prest.,) — 11. 

NAYS. 

Messrs.  Ayers,  Messrs.  Marvin, 

Day,  Palmer, 

Edwards,  Parvin, 

Emerson,  Patterson, 

Gibson.  Peters, 

Gillaspy,  Seely, 

Hall,  Solomon, 

Harris,  Warren, 

Johnston,  Winchester, 
Young,— 19. 

Mr.  Clarke,  of  Johnson,  moved  to  amend  so  that  said  report  be  made 
the  special  order  for  Saturday  next ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  negative  as  follows  : 


133 

YEAS. 

Messrs.  Bunker,  Messrs.  Ells, 

Clarke,  of  Henry,  Gower, 

Clarke,  of  Johnson,  Gray, 

Clark,  of  Alamakee,  Wilson, 

Springer,  (Prest.,)— 9. 

NAYS. 

Messrs.  Ayers,  Messrs.  Palmer, 

Day,  Parvin, 

Edwards,  Patterson, 

Emerson,  Peters, 

Gibson,  Scott, 

Gillaspy,  Seely, 

Hull,  Solomon, 

Harris,  Traer, 

Johnston,  Warren, 

Marvin,  Winchester, 
Young,— 21. 

The  motion  of  Mr.  Harris  to  make  said  ret>ort  the  special  order  for 
this  afternoon, 

Was  then  agreed  to. 

On  motion  of  Mr.  Harris, 
The  Convention  then  adjourned. 


FRIDAY  AFTERNOON. 

At  two  o'clock,  P.  M.,  the  Convention  again  met. 

On  motion, 

The  Convention  resolved  itself  into  Committee  of  the  Whole,  Mr. 
Traer  in  the  Chair,  upon  the  consideration  of  the  Report  of  the  Com- 
mittee on  Incorporations  ;  and,  after  some  time  spent  therein,  the  Com- 
mittee rose. 

The  Convention  having  again  come  to  order, 


134 

The  Chairman  of  the  Committee  of  the  Whole  reported  that  pro- 
gress had  been  made  in  the  consideration  of  the  subject  before  them  ; 
and  the  Committee  asked  and  obtained  leave  to  sit  again. 

On  motion  of  Mr.  Skiff, 

The  Convention  then  adjourned,  .until  ten  o'clock  to-morrow  morning. 


SATURDAY  MORNING,  FEBRUARY  7,  1857. 

At  ten  o'clock,  A.  M.,  the  Convention  came  to  order,  the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

On  motion, 

The  Convention  resolved  itself  into  Committee  of:  the  Whole,  Mr. 
Traer  in  the  Chair,  upon  the  consideration  of  the  Report  of  the  Com- 
mittee on  Incorporations  ;  and,  after  some  time  spent  therein,  the 
Committee  rose. 

The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  reported  that  progress 
had  been  made  in  the  consideration  of  the  subject  before  them  ;  and 
the  Committee  asked  and  obtained  leave  to  sit  again. 

Mr.  Skiff  moved  that  the  Convention  adjourn  until  ten  o'clock  Mon- 
day morning  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Ells, 

Clarke,  of  Johnson,  Skiff, 

Traer— 5. 


135 

NAYS. 


Messrs 

.  Ayers, 

Messrs.  Parvin, 

Clarke,  of  Henry, 

Palmer, 

Clark,  of  Alamakee, 

Patterson, 

Day, 

Peters, 

Edwards, 

Price, 

Emerson, 

Robinson, 

Gibson, 

Scott, 

Gillaspy, 

Seely, 

Gower, 

Solomon, 

Gray, 

Warren, 

Hall, 

Wilson, 

Harris, 

Winchester, 

Johnston, 

Young, 

Marvin, 

Springer,(P.)28 

On  motion  of  Mr.  Harris, 
The  Convention  then  adjourned. 


SATURDAY  AFTERNOON. 

At  two  o'clock,  P.  M.,  the  Convention  again  met. 

The  Convention  resolved  itself  into  Committee  of  the  Whole,  Mr. 
Traer  in  the  Chair,  upon  the  consideration  of  the  Report  of  the  com- 
mittee on  Incorporations  ;  and,  after  some  time  spent  therein,  the  Com- 
mittee rose. 

The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  reported  that  progress 
had  been  made  in  the  consideration  of  the  subject  before  them  ;  and 
the  committee  asked  and  obtained  leave  to  sit  again. 

On  motion  of  Mr.  Traer, 

The  Convention  adjourned  until  ten  o'clock,  A.  M.,  Monday  morning. 


136 


MONDAY  MORNING,  FEBRUARY  9th,  1857. 

At  ten  o'clock,  A.  M.,  the  Convention  came  to  order,  the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  Saturday's  proceedings  was  read  and  approved. 

Mr.  Parvin  moved  that  the  special  order  of  the  day,  being  the  con- 
sideration of  the  Report  of  the  committee  on  Executive  Department, 
be  postponed ; 

Which  motion  was  agreed  to. 

The  Convention  then  resolved  itself  into  Committee  ef  the  Whole, 
Mr.  Bunker  in  the  Chair,  upon  the  consideration  of  the  Report  of  the 
Committee  on  Incorporations  ;  and,  after  having  spent  some  time  therein, 
the  committee  rose. 

The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  reported,  that  progress 
had  been  made  in  the  consideration  of  the  subject  before  them,  and 
the  Committee  asked  and  obtained  leave  to  sit  again. 


o 


On  motion  of  Mr.  Skiff, 

The  Convention  then  adjourned. 


MONDAY  AFTERNOON. 

At  two  o'clock,  P.  M.,  the  Convention  again  met. 

The  Convention  resolved  itself  into  Committee  of  the  Whole,  Mr. 
Banker  in  the  Chair,  upon  the  consideration  of  the  Report  of  the  com- 
mittee on  Incorporations  ;  and,  after  some  time  spent  therein,  the  com- 
mittee rose. 


137 


The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  reported,  that  progress 
had  been  made  in  the  consideration  of  the  subject  before  them,  and  the 
committee  asked  and  obtained  leave  to  sit  again. 

Mr.  Ells  offered  the  following  : 

Resolved,  That  no  member  shall  be  allowed  to  speak  more  than 
twice  on  any  one  subject,  nor  more  than  twenty-five  minutes  at  one 
time  ; 

Which  resolution,  under  the  Rule  adopted  by  the  Convention,  was  laid 
over  for  one  day  before  being  acted  upon. 

Mr.  Gillaspy  offered  the  following  : 

Resolved,  That  this  Convention  adjourn  on  the  nineteenth  instant, 
sine  die  ; 

Mr.  Clarke,  of  Johnson,  moved  that  said  resolution  be  laid  upon  the 
table ; 

Upon  the  question  of  agreeing  to  this  motion,  the  yeas  and  nays 
were  demanded,  and  it  was  decided  in  the  affirmative,  by  the  following 
vote : 


YEAS. 

Messrs.  Bunker, 

Clarke,  of  Henry, 

Clarke,  of  Johnson, 

Clark,  of  Alamakee, 

Edwards, 

Ells, 

Gower, 

Gray, 


Messrs.  Harris, 
Marvin, 
Palmer, 
Parvin, 
Scott, 
Wilson, 
Young, 


NAYS. 


Messrs.  Ayers, 
Day, 
Gibson, 
Gillaspy, 
Hall, 
Johnston, 
Patterson, 


Springer,  (P.)  16 


Messrs.  Peters, 

Kobinson, 

Seely, 

Skiff, 

Solomon, 

Warren, 

Winchester, — 14. 


On  motion  of  Mr.  Palmer, 

The  Convention  then  adjourned,  until  to-morrow  morning  at  ten 
o'clock. 
9* 


138 


TUESDAY  MORNING,  FEBRUARY  10,  1857. 

At  ten  o'clock,  A.  M. ,  the  Convention  came  to  order,  the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

The  President  presented  the  petition  of  Henry  C.  Blake  and  thirty- 
three  others,  praying  for  the  adoption  of  some  Constitutional  provision 
for  the  enactment  of  laws  by  the  General  Assembly  for  the  observance 
of  the  Christain  Sabbath  ; 

On  motion  of  Mr.  Skiff, 

The  same  was  referred  to  the  committee  on  Miscellaneous  Matter. 

On  motion  of  Mr.  Harris, 

The  special  order  of  the  day,  being  the  consideration  of  the  Report 
of  the  committee  on  Distribution  of  Powers  and  Legislative  Depart- 
ment, was  postponed. 

The  resolution  offered  yesterday  by  Mr.  Ells,  and  which  was  laid  over 
one  day  for  consideration,  under  the  rule  adopted  by  the  Convention, 
was  then  taken  up,  as  follows : 

Resolved,  That  no  member  shall  be  allowed  to  speak  more  than  twice 
on  any  one  subject,  nor  more  than  twenty-five  minutes  at  one  time  ; 

Mr.  Skiff  moved  to  amend  by  adding  thereto,  the  following  words  : 
"after  said  subject  has  once  been  considersd  in  Committee  of  the 
Whole  ;" 

Mr.  Ells  moved  to  lay  the  resolution  on  the  table  ; 
Which  motion  was  not  agreed  to. 

The  amendment  offered  by  Mr.  Skiff  was  then  agreed  to. 

On  motion  of  Mr.  Johnston, 

The  resolution,  as  amended,  was  then  laid  on  the  table. 

The  Convention  then  resolved  itself  into  Committee  of  the  Whole, 
Mr.  Bunker  in  the  Chair,  upon  the  consideration  of  the  Report  of  the 


139 

committee  on  Incorporations  ;  and,  after  some  time  spent  therein,  the 
committee  rose. 

The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  reported,  that  progress 
had  been  made  in  the  consideration  of  the  subject  before  them,  and  the 
committee  asked  and  obtained  leave  to  sit  again. 

On  motion  of  Mr.  Skiff, 

The  Convention  then  adjourned. 


TUESDAY  AFTERNOON. 

At  two  o'clock,  P.  M.,  the  Convention  again  met. 

The  Convention  then  resolved  itself  into  Committee  of  the  Whole, 
Mr.  Bunker  in  the  Chair,  upon  the  consideration  of  the  report  of  the 
committee  on  Incorporations  ;  and,  after  some  time  spent  therein,  the 
committee  rose. 

The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  reported,  that  progress 
had  been  made  in  the  consideration  of  the  subject  before  them,  and 
the  committee  asked  and  obtained  leave  to  sit  again. 

On  motion  of  Mr.  Harris, 

The  Convention  then  adjourned. 


140 


WEDNESDAY  MORNING,  FEBRUARY  11,  1857. 

At  nine  o'clock,  A.  M.,  the  Convention  came  to  order,  the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

Mr.  Parvin  presented  the  memorial  of  Henry  O'Connor  and  one 
hundred  and  ninety-eight  others,  citizens  of  Muscatine  county,  protest- 
ing against  the  incorporation  in  the  Constitution  of  any  provision  again 
imposing  upon  the  black  population  of  this  State  the  disabilities  in 
regard  to  giving  evidence  in  Courts,  and  the  holding  of  property  ; 

Which  was  read  and  referred  to  the  Special  Committee  having  in 
charge  the  consideration  of  the  Bill  of  Rights. 

The  Convention  then  resolved  itself  into  Committee  of  the  Whole, 
Mr.  Bunker  in  the  Chair,  upon  the  consideration  of  the  Report  of  the 
Committee  on  Incorporations  :  and,  after  some  time  spent  therein,  the 
committee  rose. 

The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  stated  that  they  had 
concluded  the  consideration  of  the  subject  before  them,  and  reported 
the  same  back  to  the  Convention  with  sundry  amendments  ; 

On  motion,  the  report  was  received  and  the  Committee  discharged. 

On  motion  of  Mr.  Harris, 

The  Convention  then  adjourned. 


WEDNESDAY  AFTERNOON. 

At  2  o'clock,  P.  M.,  the  Convention  again  met. 

The  Report  of  the  Committee  on  Incorporations,  as  amended  in 
Committee  of  the  Whole,  was  then  taken  up,  the  same  being  upon  the 
second  reading. 


141 

The  First  Section  of  said  Report  being  under  consideration,  as  fol- 
lows : 

SECTION  1.  No  corporations  shall  be  created  by  special  law,  but  the 
General  Assembly  shall  ^provide  by  general  law  for  the  organization  of 
all  corporations  hereafter  to  be  created  except  as  herein  provided, 

The  amendment  made  in  Committee  of  the  Whole  to  said  section  to' 
insert  the  word  "otherwise",  after  the  word  "herein," 
Was  agreed  to. 


- 


The  Second  Section  of  said  Report  being  under  consideration,  as 
follows : 

SEC.  2.  Corporations  may  sue  and  be  sued  and  their  property  shall 
be  liable  to  taxation  in  the  same  manner  as  natural  persons  ;  and  the 
liabilities,  powers,  privileges  and  duties  of  stockholders  in  corporations 
may  be  fixed  and  defined  by  law,  subject  to  the  provisions  hereof, 

The  amendments  made  in  Committee  of  the  Whole  to  said  section  by 
striking  out  the  word  "their"  and  inserting  "the  ;"  and  inserting  be- 
tween the  words  "property"  and  "shall,"  the  words  "of  all  corpora- 
tions for  pecuniary  profit ;" 

Were  severally  agreed  to. 

The  Fourth  Section  of  said  Report  being  under  consideration,  as 
follows : 

SEC.  4.  No  political  or  municipal  corporation  shall  become  a  stock- 
holder in  any  banking  corporation  directly  or  indirectly ;  nor  in  any 
other  corporation  or  corporations  to  an  amount  exceeding  at  one  time 
two  hundred  thousand  dollars  :  nor  shall  the  bonds  or  other  evidences 
of  indebtedness  of  any  municipal  or  political  corporation  be  issued  or 
granted,  or  its  credit  loaned  directly  or  indirectly,  or  pledged  as  secu- 
rity, to  an  amount  in  the  aggregate  exceeding  two  hundred  thousand 
dollars,  at  any  one  time;" 

The  question  then  being  upon  agreeing  to  the  amendment  made  in 
Committee  of  the  Whole  to  said  section,  to  strike  out  all  after  the  word 
"indirectly"  near  the  beginning, 

Mr.  Skiff  moved  to  amend  the  amendment  by  inserting  as  follows : 

"Nor  in  any  other  corporation  or  corporations  to  an  amount  exceeding 
at  one  time  two  hundred  thousand  dollars,  provided  said  amount  shall 
not  exceed  five  per  cent,  on  the  taxable  property  of  such  corporation  as 
shown  by  the  last  preceding  assessment ;" 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  negative,  as  follows  : 


142 


YEAS. 

Messrs.  Clark,  of  Alamakee,  Messrs.  Traer, 
Harris,  Warren, 

Skiff,  Wilson, 

Young — 7. 


NAYS. 

Messrs.  Avers, 
Bunker, 

Clarke,  of  Henry, 
Clarke,  of  Johnson, 
Day,    ; 
Edwards, 
Ells, 
Gibson, 
Gillaspy, 
Gower, 
Gray, 
Hall, 

.Springer,  (Prest.,) — 25. 


Messrs.  Johnston, 
Marvin, 
Palmer, 
Parvin, 
Patterson, 
Peters, 
Price, 
Robinson, 
Scott, 
Seely, 
Solomon, 
Winchester, 


The  question  recurring  upon  agreeing  to  the  amendment  made  in 
Committee  of  the  Whole, 

The   yeas   and   nays  were  demanded,  and    it  was  decided  in  tho 
affirmative,  as  follows  : 


YEA3. 

Messrs.  Ayers, 
Bunker, 

Clarke,  of  Johnson, 
Day, 
Edwards, 
Ells,       • 
Gibson, 
Gillaspy, 
Gower,  . 
Gray, 
Hall, 
Harris, 
Johnston, 
Marvin 
Palmer, 


Messrs.  Parvin, 

Patterson, 

Peters, 

Price, 

Robinson, 

Scott, 

Seely, 

Skiff, 

Solomon, 

Traer, 

Warren, 

Wilson, 

Winchester, 

Young,  . 

Springer,  (P)  30. 


KAYS. 
Mr.  Clarke,  of  Henry,  Mr.  Clark,  of  Alamakee — 2. 


143 

The  Fifth  Section  o£  said  Report  being  under  consideration,  as 
follows  : 

"SEC.  5.  It  shall  be  the  duty  of  the  General  Assembly  to  provide 
by  law  for  the  restraint  of  municipal  and  political  corporations  in  regard 
to  assessments,  taxations,  borrowing  money,  contracting  debts,  issuing 
bonds,  and  loaning  their  credit  so  as  to  prevent,  as  far  as  possible,  un- 
necessary burdens,  and  unjust  taxation  and  frauds, 

The  amendment  made  in  Committee  of  the  Whole  to  said  section,  by 
striking  out  the  words  "as  far  as  possible"  near  the  latter  part  thereof, 

Was  agreed  to. 

The  Seventh  Section  of  said  Report  being  under  consideration,  as 
follows  : 

SEC.  7.  If  a  general  banking  law  is  passed,  it  shall  provide,  amongst 
other  things,  for  the  registry  and  countersigning,  by  an  officer  of  the 
State,  of  all  bills,  or  paper  credit  designed  to  circulate -as  money,  and 
require  security  to  the  full  amount  thereof,  to  be  deposited  with  the 
State  Treasurer,  in  United  States  stocks,  or  in  interest-paying  stocks 
of  States  in  good  credit  and  standing,  to  be  rated  at  their  average  value 
in  the  city  of  New  York,  for  the  thirty  days  next  preceding  their  de- 
posit ;  and  also  provide  for  the  recording  of  the  names  of  all  stock- 
holders in  such  corporations,  the  amount  of  stock  held  by  each,  the  time 
of  any  transfer,  and  to  whom, 

The  amendment  made  in  Committee  of  the  Whole  to  said  section,  by 
inserting  the  words  "twenty  per  cent,  below,"  near  the  middle  thereof, 
and  between  the  words  "at"  and  "their," 

Was  agreed  to. 

The  Eighth  Section  of  said  Report  being  under  consideration,  as 
follows  : 

SEC.  8.  Every  stockholder  in  a  banking  corporation  or  institution 
shall  be  individually  responsible  and  liable  to  its  creditors,  over  and 
above  the  amount  of  stock  by  him  or  her  held,  to  an  amount  equal  to 
his  or  her  respective  shares  so  held,  for  all  of  its  liabilities  ;  and  in  all 
cases  where  its  stock  shall  be  transferred,  the  liability  of  the  transferrer 
shall  not  cease,  nor  shall  the  liability  of  the  transferree  commence  until 
the  expiration  of  six  months  after  such  transfer  shall  have  been  duly 
recorded  as  provided  by  law, 

The  amendment  made  in  Committee  of  the  Whole  to  said  section,  to 
strike  out  all  after  the  word  ''liabilities"  near  the  middle  thereof  arid 
insert  the  words  "created  during  the  time  that  the  person  sought  to  b* 
charged,  was  a  stockholder  in  such  banking  corporation," 

Was  agreed  to. 


144 

The  Ninth  Section  of  said  Report  being  under  consideration,  as 
follows  : 

SEC.  9.  The  General  Assembly  may  also  charter  a  State  Bank  with 
branches,  to  be  founded  upon  an  actual  specie  basis, 

The  amendment  made  in  Committee  of  the  Whole  to  said  section,  by 
adding  thereto,  as  follows  :  "or  on  stocks  as  authorized  by  the  seventh 
section,  or  both," 

Was  agreed  to. 

The  Tenth  Section  of  said  Report  being  under  consideration,  as 
follows : 

SEC.  10.  If  such  a  State  Bank  be  established,  the  branches  shall  be 
mutually  responsible  for  each  others  liabilities  upon  all  paper  credit  is- 
sued as  money,  and  the  liabilities  of  stockholders  shall  be  the  same  as 
those  of  banks  organized  under  a  general  law,  all  of  which  shall  be  pro- 
vided for  by  law., 

The  amendment  made  in  Committee  of  the  Whole  to  said  section,  by 
striking  out  all  after  the  word  money,  near  the  middle  thereof, 

Was  agreed  to. 

The  Eleventh  Section  of  said  Report  being  under  consideration,  as 
follows  : 

SEC.  11.  It  shall  be  the  duty  of  the  General  Assembly,  in  case  of  its 
passing  either  or  both  of  the  banking  laws  herein  provided,  to  provide 
also  such  other  restrictions  and  fix  such  other  liabilities,  and  adopt  such 
other  guards  and  checks  as  shall  be  conducive  to  prevent  frauds  on  the 
part  of  banking  institutions,  its  officers  and  directors,  and  to  secure  to 
the  people  of  this  State  a  safe  and  reliable  currency, 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole  to  said  section,  by  adding  thereto  as  follows  : 

"All  frauds  that  may  be  committed  by  persons  having  the  control  or 
management  of  any  bank  or  banks  established  under  this  Article  which 
shall  materially  affect  the  credit  of  such  bank  or  banks,  or  diminish  the 
capacity  of  such  bank  or  banks  to  redeem  the  notes,  or  pay  the  deposits, 
shall  be  punished  as  a  felony  ;  and,  it  shall  be  the  duty  of  the  General 
Assembly  to  provide  by  law  for  such  punishment,"^ 

Mr.  Clarke,  of  Henry,  offered  the  following  as  a  Substitute  for  said 
amendment : 

"And  towards  this  end  they  shall  provide  laws  denning  the  offences  of 
such  frauds,  with  suitable  pains  and  penalties  as  a  punishment  for  the 
same  ;" 

Upon  the  question  of  adopting  said  Substitute,  the  yeas  and  nays 
were  demanded,  and  it  was  decided  in  the  negative  as  follows : 


145 

YEAS. 

Messrs.  Clarke,  of  Henry,  Messrs.  Scott, 

Glark,  of  Alamakee,  Seely, 

Gray,  Traer, 

Marvin,  Warren, 
Springer,  (Prest.,) — 9. 

NAYS. 

Messrs.  Ayers, 
Bunker, 

Clarke,  of  Johnson, 
Day, 
Edwards, 
Gibson, 
Gillaspy, 
Gower, 
Hall,. 
Harris, 
Johnston, 


Messrs.  Palmer, 
Parvin, 
Patterson, 
Peters, 
Price, 
Robinson, 
Skiff, 
Solomon, 
Wilson, 
Winchester, 
Young— 22. 


The  question  then  recurring  upon  agreeing  to  the  amendment  made 
in  Committee  of  the  Whole  to  said  section, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  negative, 
as   follows : 


10 


YEAS. 

Messrs.  Ayers, 
Bunker, 

Clarke,  of  Johns  on  > 
Day,    ' 
Gibson, 
Gillaspy, 
Hall, 
Harris, 

NAYS. 

Messrs.  Clarke,  of  Henry, 

Clark,  of  Alamakee, 

Edwards, 

Ells, 

Gower, 

Gray, 

Parvin, 

Scott, 


Messrs.  Johnston, 
Marvin, 
Palmer, 
Patterson, 
Peters, 
Price, 
Robinson, 
Solomon — 16. 


Messrs.  Seely, 
Skiff, 
Traer, 
Warren, 
Wilson, 
Winchester, 
Young, 
Springer,  (P.)  16. 


146 

The  Fifteenth  Section  of  said  Report  being  under  consideration,  as 
follows  : 

SEC.  15.  No  bill,  note,  draft,  check,  or  other  evidence  of  debt,  shall 
be  issued  for  circulation  as  money  except  by  banking  corporations  duly 
organized  under,  or  created  by  law, 

And,  the  question  being  upon  agreeing  to  the  amendment  made  in 
Committee  of  the  Whole,  to  substitute  for  said  section  as  follows  : 

SEC.  15.  Any  person  or  body  of  persons,  who  shall  issue  for  circula- 
tion as  money,  any  bill  or  other  evidence  of  debt,  without  the  authority 
of  law,  shall  be  deemed  guilty  of  felony,  and  punished  as  may  be  pro- 
vided by  law," 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirm- 
ative, as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Harris, 

Clarke,  of  Johnson,  Johnston, 

Day,  Marvin, 

Edwards,  Patterson, 

Ells,  Peters, 

Gibson,  Price, 

Gillaspy,  Robinson, 

Gower,  Scott, 

Hall,  Young— 16. 

NAYS. 

Messrs.  Ayers,  Messrs.  Skiff, 

Clarke,  of  Henry,  Solomon, 

Clark,  of  Alamakee,  Traer, 

Gray,  Warren, 

Palmer,  Wilson, 

Parvin,  Winchester, 

Seely,  Springer,  (P.,)  14. 

The  Sixteenth  Section  of  said  Report  being  under  consideration,  as 
follows  : 

SEC.  16.  But  no  general  banking  law,  nor  law  creating  a  State  Bank, 
nor  shall  amendments  thereto,  or  acts  in  repeal  thereof,  take  effect  until 
the  same  shall  have  been  submitted,  separately,  to  the  people,  at  a  gen- 
eral or  special  election,  as  provided  by  law,  and  shall  have^been  ap- 
proved by  a  majority  of  all  the  voters  voting  for  and  against  it, 

The  amendment  made  in  Commiitce  of  the  Whole  to  said  section,  by 


147 

inserting  after  the  words  "as  provided  by  law,"  the  words  "to  be  held 
not  less  than  three  months  after  the  passage  of  the  law," 
Was  agreed  to. 

The  Seventeenth  Section  of  said  Report  being  under  consideration, 
as  follows : 

SEC.  17.  Subject  to  the  provisions  hereof,  the  General  Assembly 
shall  have  power  to  amend  or  repeal  all  laws  for  the  organization 
or  creation  of  corporations,  or  granting  of  special  privileges  or  immu- 
nities, by  a  vote  of  two-thirds  of  the  House  of  Representatives  and 
also  of  the  Senate  :  and  no  exclusive  privileges,  except  as  in  this  Article 
provided,  shall  ever  be  granted, 

The  amendments  made  in  Committee  of  the  Whole  to  said  section,  by 
inserting  between  the  words  "special"  and  "privileges"  the  words  "or 
exclusive;"  and,  by  striking  out  the  words  "the  House  of  Represen- 
tatives and  also  of  the  Senate"  and  inserting  the  words  "each  branch 
of  the  General  Assembly,  " 

Were  severally  agreed  to. 

The  Nineteenth  Section  of  said  Report  being  under  consideration  as 
follows : 

SEC.  19.  Private  property  shall  not  be  taken  by  corporations  for 
their  use  or  benefit  without  compensating  the  owner  for  the  actual  dam- 
age resulting  to  him  or  her  in  the  taking  and  manner  thereof, 

The  amendment  made  in  the  committee  of  the  Whole,  by  striking  out 
said  section, 

Was  agreed  to. 

The  amendments  made  in  Committee  of  the  Whole  to  said  Report 
having  all  been  acted  upon, 

Mr.  Clarke,  of  Johnson  offered  the  following  as  a  Substitute  for  the 
Fourth  Section  as  amended : 

SEC.  4.  No  political  or  municipal  corporation  shall  become  a  stock- 
holder in  any  banking  corporation  directly  or  indirectly  ;  but  such  cor- 
porations may  become  stockholders  in  corporations  for  works  of  inter- 
nal improvements  within  the  State,  upon  a  vote  of  the  citizens  of  such 
municipal  corporation,  under  such  restrictions  as  to  the  mode  and  amount 
of  subscription  as  the  General  Assembly  may  prescribe  ; 

Upon  the  question  of  adopting  the  same,  the  yeas  and  nays  were  de- 
manded, and  it  was  decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Harris, 

Clarke,  of  Johnson,  Marvin, 


148 


Messrs.  Edwards, 

Messrs.  Peters, 

Gibson, 

Scott, 

Gillaspy, 

Seely, 

Gower, 

Winchester, 

Young  —  13. 

NAYS. 

Messrs.  Ayers, 

Messrs.  Parvin, 

Clarke,  of  Henry, 

Patterson, 

Clark,  of  Alamakee, 

Price, 

Day, 

Robinson, 

Ells, 

Skiff, 

Gray, 

Solomon, 

Hall, 

Traer, 

Johnston, 

Warren, 

Palmer, 

Wilson, 

Springer,  (Prest.,) 

19. 

Mr.  Clarke,  of  Henry,  offered  the  following  amendment  to  the  Fourth 
Section  as  amended : 

Nor  shall  the  bonds  or  other  evidences  of  debt  of  any  municipal  or 
political  corporation  be  given  or  granted,  or  its  credit  loaned  directly 
or  indirectly,  or  pledged  as  security  for  the  benefit  of  any  banking  cor- 
poration :  nor  for  any  other  corporation  or  purpose  whatever,  to  an 
amount  in  the  aggregate  exceeding  Two  Hundred  Thousand  Dollars, 
but  no  municipal  or  political  corporation  shall  give  bonds  or  become  in- 
debted in  any  manner  to  an  amount  not  exceeding  in  the  aggregate  five 
per  cent,  on  the  value  of  the  taxable  property  within  such  corporation, 
which  value  shall  be  ascertained  by  the  last  State  and  county  tax  list  ; 

Mr.  Edwards  offered  the  following  as  a  Substitute  for  said  amend- 
ment : 

4 'But  such  incorporations  shall  be  allowed  to  take  stock  in  any  work 
for  internal  improvement  purposes  in  an  amount  not  exceeding  ten  per 
cent,  on  the  taxable  property  of  such  incorporation  by  the  last  assess- 
ment list ;" 

.  Upon  the  question  of  agreeing  to  said  Substitute,  the  yeas  and  nays 
were  demanded,  and  it  was  decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Harris, 
Clarke,  of  Johnson,  Marvin, 

Edwards,  Peters,  v 

Gibson,  Seely, 

Gower,  Traer— -10. 


149 

NAYS. 

Messrs.  Ayers,  Messrs.  Patterson, 

Clarke,  of  Henry,  Price, 

Clark,  of  Alamakee,  Robinson, 

Day,                 .      .  Scott, 

Ells,  Skiff, 

Gillaspy,  Solomon, 

Gray,  Warren, 

Hall,  Wilson, 

Johnston,  Winchester, 

Palmer,  Young, 

Parvin,  Springer  (P.,)  22. 

On  motion,  the  words  "five  per  cent"   in  the  latter  part  of  said 
amendment  was  striken  out. 

Mr.  Clarke,  of  Johnson,  moved  to  fill  the  blank  in  said  amendment 
by  inserting  the  words  "eight  per  cent;" 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Marvin, 

Clarke,  of  Johnson,  Peters, 

Edwards,  Scott, 

Ells,  Seely, 

Gibson,  Skiff, 

Gower,  Traer, 
Springer,  (Prest.,) — 13. 

NAYS. 

Messrs.  Ayers,  Messrs.  Palmer, 

Clarke,  of  Henry,  Parvin, 

Clark,  of  Alamakee,  Patterson, 

Day,  Price, 

Gillaspy,  Robinson, 

Gray,  Solomon, 

Hall,  Warren, 

Harris,  Wilson, 

Johnston,    '  Winchester, 
Young— 19. 

Mr.  Young   moved  to  fill  the  blank  in  said  amendment  by  inserting 
the  words  "seven  per  cent;" 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  wai 
decided  in  the  negative,  as  follows : 


150 

YEAS. 

Messrs.  Bunker,  Messrs.  Peters, 

Clarke,  of  Henry,  Scott, 

Clarke,  of  Johnson,  Seely, 

Ells,  Skiff, 

Gibson,  Traer, 

Gower,  Warren, 

Harris,  Young, 

Marvin,  Springer,  (P.)  16. 

NAYS. 

Messrs.  Ayers,  Messrs.  Palmer, 

Clark,  of  Alamakee,  Parvin, 

Day,  Patterson, 

Edwards,  Price, 

Gillaspy,  Robinson, 

Gray,  Solomon, 

Hall,  Wilson, 

Johnston,  Winchester-*-!  6.. 

Mr.  Clarke,  of  Johnson,  moved  to  fill  the  blank  in  said  amendment 
by  inserting  the  words  "six  per  cent ;" 

Upon  this  question,  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  negative,  as  follows  : 

YEAS.. 

Messrs.  Bunker,  Messrs.  Marvin, 

Clarke,  of  Henry,  Scott, 

Clarke,  of  Johnson,  Skiff, 

Clarke,  of  Alamakee,  Traer, 

Ells,  Warren, 

Gibson,  Wilson, 

Gower,  Young, 

Harris,  Springer,  (P.]  16. 

NAYS. 

Messrs.  Ayers,  Messrs.  Parvin, 

Day,  Patterson, 

Edwards,  Peters, 

Gillaspy,  Price, 
Gray,  Robinson, 

Hall,  Seely, 

Johnston,  Solomon, 

Palmer,  Winchester — 16. 


151 


On  motion  of  Mr.  Clarke,  of  Johnson,  a  call  of  the  House  was  or- 
dered ; 
Whereupon,  the  following  gentlemen  answered  to  their  names,  viz : 


Messrs.  Ayers, 
Bunker, 

Clarke,  of  Henry, 
Clarke,  of  Johnson, 
Clark,  o'f  Alamakee, 
Day, 
Edwards, 
Ells> 
Gibson, 
Gillaspy, 
Gower, 
Gray, 
Hall, 
Harris, 
Johnston, 
Marvin, 


Messrs.  Palmer, 

Parvin, 

Patterson, 

Peters, 

Price, 

Robinson, 

Scott, 

Seely, 

Skiff, 

Solomon, 

Traer, 
Warren, 
Wilson, 
Winchester, 
Young, 
Springer,  [P.]  32. 


Messrs.  Todhunter,  Emerson  and  Hollingsworth  were  then  severally 
excused, 
And  further  proceedings  under  the  call  were  dispensed  with. 

Mr.  Marvin  moved  that  the  amendment  offered  to  the  Fourth  Sec- 
tion, be  laid  upon  the  table  ; 
Which  motion  was  not  agreed  to. 

Mr.  Clarke,  of  Henry,  moved  to  reconsider  the  vote  by  which  the 
words  "five  per  cent."  were  stricken  out  of  the  amendment  offered  to 
the  Fourth  Section  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  negative,  as  follows : 

YEAS. 

Messrs.  Clarke,  of  Henry,  Messrs.  Marvin, 

Clark,  of  Alamakee,  Scott, 

Ells,  Skiff, 

Gray,  Warren, 

Springer,  (Prest.,) — 9. 

NAYS. 

Messrs.  Ayers,  Messrs.  Johnston, 
Bunker,  Palmer, 

Clarke,  of  Johnston,  Parvin, 


152 

Messrs.  Day,  Messrs.  Patterson, 

Edwards,  Peters, 

Gibson,  Price, 

Gillaspy,  Robinson, 

Gower,  ,           Seely, 

Hall,  Traer, 

Harris,  Winchester, 
Young,— 21. 

Mr.  Gibson  moved  to  fill  the  blank  in  said  amendment,  by  inserting 
the  words  "  eleven  per  cent.;" 
Which  was  not  agreed  to. 

Mr.  Marvin  moved  to  fill  the  blank  in  said  amendment  by  inserting 
the  words  "  nine  per  cent. ;" 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  negative,  as  follows : 

YEAS. 

Messrs.  Bunker,  Messrs.  Peters, 

Clarke,  of  Johnson,  Scott, 

Gibson,  Seely, 

Grower,  Skiff, 

Harris,  Traer, 

Marvin,  Warren, 
Springer,  (  Prest. , ) — 13 . 

NAYS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Clarke,  of  Henry,  Palmer, 

Clark,  of  Alamakee,  Parvin, 

Day,  Patterson, 

Edwards,  Price, 

Gillaspy,  Robinson, 

Gray,  Winchester, 

Hall,  Young,— 16. 

Mr.  Clarke,  of  Henry,  by  unanimous  consent  of  the  Convention, 
then  withdrew  the 'amendment  offered  by  him  to  the  Fourth  Section. 

Mr.  Clarke,   of  Johnson,  offered  the  following  amendment  to  the 
Fourth  Section  as  amended : 

,  "  But  such  corporations  may  become  stockholders  in  corporations  for 
the  construction  of  works  of  internal  improvement  within  the  State, 
upon  a  vote  of  the  citizens  of  such  political  or  municipal  corporation, 
not  to  exceed  six  per  cent,  on  the  assessed  value  of  the  real  and  per- 
sonal property  of  such  corporation  ;" 


153 

Mr.  Edwards  moved  to  amend  the  amendment  by  striking  out  the 
words  "  six  per  cent."  and  insert  the  words  "  eight  per  cent.  ;" 
Which  was  not  agreed  to. 

Mr.  Hall  moved  to  amend  the  amendment  by  adding  thereto  as  fol- 
lows : 

"  Provided,  That  property  reserved  as  a  homestead,  and  such  as 
may  be  by  law  exempt  from  attachment  and  sale  on  execution,  shall  not 
be  sold  for  taxes  levied  to  pay  interest  on  loans  voted  by  the  people  to 
aid  corporations  ;" 

Which  was  not  agreed  to. 

Mr.  Clarke,  of  Henry,  offered  the  following  as  a  substitute  for  the 
amendment : 

"  No  political  or  municipal  corporation  shall  become  a  stockholder 
in,  or  loan  its  credit,  or  become  security  directly  or  indirectly  to,  any- 
other  corporation  ;" 

Mr.  Johnston  moved  that  the  substitute  be  laid  uDon  the  table ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  affirmative,  as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Parvin, 

Bunker,  Patterson, 

Clarke,  of  Johnson,  Peters, 

Gibson,  Price, 

Gillaspy,  Robinson, 

Gower,  Scott, 

Hall,  Seely, 

Harris,  Warren, 

Johnston,  Winchester,  • 

Marvin,  Young, 

Palmer,  Springer,  (P. )  22. 

NAYS. 

Messrs.  Clarke,  of  Henry,  Messrs.  Ells, 
Clark,  of  Alamakee,  Gray, 

Day,  Skiff, 

Edwards,  Traer, — 8. 

It  was  then  moved  that  the  amendment  offered  to  the  Fourth  Section 
be  laid  upon  the  table  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  affirmative,  as  follows  : 
10* 


154 

YEAS. 

Messrs.  Ayers,  Messrs.  Parvin, 

Clark,  of  Alamakee,  Patterson, 

Day,  Peters, 

Gibson,  Price, 

Gillaspy,  Robinson, 

Hall,  Scott, 

Johnston,  Seely, 

Palmer,  Springer,(P)16. 

NAYS. 

Messrs.  Bunker,  Messrs.  Gray, 

Clarke,  of  Henry,  Marvin, 

Clarke,  of  Johnson,  Skiff, 

Edwards,  Traer, 

Ells,  Warren, 

Gower,  Winchester, 
Young,-— 13. 

Mr.  Skiff  moved  to  reconsider  the  vote  by  which  the  substitute  offered 
by  Mr.  Clarke  of  Johnson,  for  the  Fourth  Section,  as  amended,  was  lost ; 
Which  motion  was  not  agreed  to. 

Mr.  Clarke,  of  Henry,  then  renewed  the  amendment  to  the  Fourth 
Section,  as  amended,  before  offered  by  him,  and  which  the  Convention 
had  granted  unanimous  leave  to  withdraw ; 

Mr.  Clarke,  of  Johnson,  moved  to  strike  out  of  said  proposed  amend- 
ment the  worols  "  Two  Hundred  Thousand  Dollars  ;" 
Which  motion  was  disagreed  to. 

Upon  the  question  of  agreeing  to  said  amendment,  the  yeas  and  nays 
Vere  demanded,  and  it  was  decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Clarke,  of  Henry,  Messrs.  Marvin, 

Clark,  of  Alamakee,  Skiff, 

Young, — 5. 

NAYS. 

Messrs.  Ayres,  Messrs.  Johnston, 
Bunker,  Palmer, 

Clarke,  of  Johnson,  Parvin, 

Day,  Patterson, 

Edwards,  Peters, 

Ells,  Price, 


155 

Messrs.  Gibson,  Messrs.  Robinson, 

Gillaspy,  Scott, 

Gower,  Seely, 

Gray,  Traer, 

Hall,  Warren, 

Harris,  Winchester, 
Springer,  (Prest.,) — 25. 

Mr.  Palmer  moved  to  amend  the  Thirteenth  Section  of  the  Report  by- 
adding  thereto  as  follows  :  "  But  shall  be  forbidden  under  penalty  of 
forfeiture  of  their  corporate  privileges ;"  thereby  making  it  read  as 
follows : 

"  SEC.  13.  The  suspension  of  specie  payments  by  banking  institu- 
tions shall  never  be  permitted  or  sanctioned,  but  shall  be  forbidden  under 
penalty  of  forfeiture  of  their  corporate  privileges ;" 

Which  motion  was  disagreed  to. 

Mr.  Wilson  moved  to  strike  out  the  Eleventh  Section  of  the  Report ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Skiff,  • 

Clarke,  of  Johnson,  Traer, 

Edwards,  Warren, 

Gower,  Wilson, 

Hall,  Winchester, 

Peters,  Young, 

Scott,  .    Springer,  (P)  14. 

NAYSi 

Messrs.  Ayers,  Messrs.  Harris, 

Clarke,  of  Henry,  Johnston, 

Clark,  of  Alamakee,  Marvin, 

Day,  Palmer, 

Ells,  Parvin, 

Gibson,  Patterson, 

Gillaspy,  Price, 

Gray,  Robinson, 
Seely,— 17. 

Mr.  Traer  moved  to  strike  out  all  from  the  Sixth  to  the  Sixteenth 
Sections  of  the  Report,  inclusive  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  negative,  as  follows : 


156 

YEAS. 

Messrs.  Bunker,  Messrs.  Peters, 
Clarke,  of  Johnson,  Skiff, 

Gibson,  Traer, 

Hall,  Warren, 

Young — 9. 

NAYS. 

Messrs.  Ayers,  Messrs.  Johnson, 

Clarke,  of  Henry,  Marvin, 

Clark,  of  Alamakee,  Palmer, 

Day,  Parvin, 

Edwards,  Patterson, 

Ells,  Price, 

Gillaspy,  Robinson, 

Gower,  Seely, 

Gray,  Wilson, 

Harris,  Winchester, 
Springer,  (Prest.)  21. 

Mr.  Clarke,  of  Johnson,  offered  the  following  as  a  Substitute  for  the 
Sixth,  Seventh  and  Eighth  Sections  of  the  Report : 

SECTION  — .  Banking  institutions  may  be  provided  for  by  general  law, 
under  the  following  restrictions  : 

First.  All  bills,  notes  or  other  paper  or  evidence  of  debt,  that  may 
be  issued  for  circulation  as  money,  shall  be  based  upon  the  stocks  of  the 
United  States,  or  the  stocks  ©f  interest-paying  States,  deposited  with 
the  proper  officer  of  State,  at  the  rate  of  not  less  than  one  hundred 
and  twenty  dollars  (estimating  said  stock  at  their  market  value  in  New 
York,  but  in  no  instance  above  their  par  value)  for  every  one  hundred 
dollars  of  paper  so  issued,  which  may  be  increased  or  diminished  as  the 
said  stocks  may  increase  or  diminish  in  value. 

Second.  All  paper  of  any  such  institution  intended  to  circulate  as 
money,  shall  be  registered  in  the  office  of  the  proper  State  officer,  and 
countersigned  by  such  officer. 

Third.  In  case  of  the  insolvency  of  any  banking  institutions,  the 
bill  holders  shall  have  a  preference  over  all  other  creditors ;  and  the 
General  Assembly  may  provide  for  the  conversion  of  the  stocks  depos- 
ited by  such  institution  into  money,  and  the  redemption  of  its  bills. 

Fourth.  The  suspension  of  specie  payments  of  banking  institutions 
shall  never  be  sanctioned  by  law. 

Fifth.  Upon  the  failure  of  any  banking  institution  to  redeem  its 


157 

bills,  or  other  paper  issued  to  circulate  as  money,  such  institution  shall 
forfeit  all  its  rights,  and  it  shall  be  the  duty  of  the  proper  legal  officer, 
to  commence  proceedings  in  the  manner  prescribed  by  law,  to  close  up 
its  business,  and  liquidate  its  indebtedness  ;  and  such  institutions  shall 
have  no  power,  after  such  failure,  to  redeem  or  to  transfer  any  of  its 
property. 

Sixth.  The  issue  of  any  bills,  or  other  evidences  of  debt,  intended 
to  circulate  as  money,  by  any  banking  institution,  without  being  secured 
and  countersigned  as  hereinbefore  required,  shall  be  deemed  a  forfeiture 
of  all  rights  by  such  institution,  and  the  same  shall  be  closed. 

« 

Upon  the  question  of  agreeing  to  said  Substitute,  the  yeas  and  nayi 
were  demanded,  and  it  was  decided  in  the  negative,  as  follows  ; 

YEAS. 

Messrs.  Bunker,  Messrs.  Peters, 
Clarke,  of  Johnson,  Traer, 

Gower,  .Warren, 

Young — 7. 

NAYS. 

Messrs.  Ayers,  Messrs.  Marvin, 

Clarke,  of  Henry,  Palmer, 

Clark,  of  Alamakee,  Parvin, 

Day>  Patterson, 

Edwards,  Price, 

Ells,  Robinson, 

Gibson,  Scott, 

Gillaspy,  Seely, 

Gray,  Skiff, 

Hall,  Wilson, 

Harris,  Winchester, 

Johnston,  Springer,  (P.)  24. 

On  motion  of  Mr.  Peters, 
The  Convention  then  adjourned. 


158 


THURSDAY  MORNING,  FEBRUARY  12,  1857. 

At  nine  o'clock,  A.  M.,  the  Convention  came  to  order,  the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

Mr.  Wilson  moved  that  the  Report  of  the  Committee  on  Incorpora- 
tions, as  amended,  be  referred  to  a  Select  Committee  of  live  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Peters, 

Clarke,  of  Johnson,  Scott, 

Clark,  of  Alamakee,  Seely, 

Ells,  Solomon, 

Gower,  Traer, 

Hollingsworth,  Warren, 

Marvin,  Wilson, 

Parvin,  ,               Young, 
Springer,  [Prest.,] — 17. 

NAYS. 

Messrs.  Ayers,  Messrs.  Hall, 

Clarke,  of  Henry,  Harris, 

Day,  Johnston, 

Edwards,  Palmer, 

Gibson,  Patterson, 

Gillaspy,  Price, 

Gray,  Robinson, 
Winchester — 15. 

The  President  then  announced  Messrs.  Wilson,  Hall,  Young,  Price, 
wad  Bunker  as  said  Committee. 

On  motion  of  Mr.  Parvin, 

The  Convention  then  resolved  itself  into  Committee  of  the  Whole,  Mr. 
Harris  in  the   Chair,   upon  the  consideration  of   the  majority  report 


159 

of  the  Committee  on  Judicial  Department :  and,  after  some  time  spent 
therein,  the  Committee  rose  : 

The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  reported  that 
progress  had  been  made  in  the  consideration  of  the  subject  before  them, 
and  the  Committee  asked  and  obtained  leave  to  sit  again. 

On  motion  of  Mr.  Peters, 

The  Convention  then  adjourned. 


THURSDAY  AFTERNOON. 

At  two  o'clock,  P.  M.,  the  Convention  again  met. 

The  Convention  resolved  itself  into  Committee  of  the  Whole,  Mr. 
Harris,  in  the  Chair,  upon  the  consideration  of  the  majority  Report  of 
the  Committee  on  Judicial  Department ;  and,  after  some  time  spent 
therein,  the  committee  rose. 

The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  stated  that  they  had 
concluded  the  consideration  of  the  subject  before  them,  and  that  he  was 
instructed  to  report  back  to  the  Convention,  .the  following  Substitute  for 
the  majority  report  of  the  Committee  on  Judicial  Department : 

1.  The  Judicial  power  shall  be  vested  in  a   Supreme  Court,  District 
Courts,  and  such  other  courts,  inferior  to  the  Supreme  Court,  as  the 
General  Assembly  may  from  time  to  time  establish. 

2.  The  Supreme  Court  shall  consist  of  a  Chief  Justice  and  three. 
Associates,  three  of  whom  shall  be  a  quorum  to  hold  court. 

3.  The  Judges  of  the  Supreme  Court  shall  be  elected  by  the  qualified 
voters  of  the  State,  and  shall  hold  their  courts   at  such  time  and  place 
as  the  General  Assembly  may  direct,  and  hold  their  offices  for  six  years, 
and  until  their  successors  are  elected  and  qualified,  and  shall  be  ineligi- 
ble to  any  other  office  during  the  term  for  which  they  may  be  elected. 
The  Supreme  Court  shall  have  appellate  jurisdiction  only  in  all  cases  in 


160 

chancery,  and  shall  constitute  a  court  for  the  correction  of  errors  at 
law,  under  such  restrictions  as  the  General  Assembly  may  by  law  pre- 
scribe. The  Supreme  Court  may  have  power  to  issue  all  writs  and  pro- 
cess necessary  to  do  justice  to  parties,  and  exercise  a  supervisory  con- 
trol over  all  inferior  judicial  tribunals,  and  the  Judges  of  the  Supreme 
Court  shall  be  conservators  of  the  peace  throughout  the  State. 

4.  The  District  Court  shall  consist  of  a  Judge,  who  shall  be  elected 
by  the  qualified  voters  of  the  district  in  which  he  resides,  at  the  general 
election,   and  hold  the  office  for  the  term  of  five  years,  and  until  his 
successor  is  elected  and  qualified,   and  shall  be  ineligible  to  any  other 
office,  except  that  of  Supreme  Judge,  during  the  term  for  which  he  may 
be  elected.       The  District  Court  shall  be  a  court  of  law  and  equity, 
which  shall  be  distinct  and  separate  jurisdictions,  and  have  jurisdiction 
in  civil  and  criminal  matters  arising  in  their  respective  districts,  in  such 
manner  as  shall  be  prescribed  by  law.     The  judges  of  the  district  courts 
shall  be  conservators  of  the  peace  in  their  respective  districts.      The 
first  session  of  the  General  Assembly  shall  divide  the  state  into  ten  dis- 
tricts ;  after  the  year  1860,  and  not  before,  the  General  Assembly  may 
re- organize  the  judicial  districts,  and  increase  or  diminish  the  number 
of  districts,  or  the  number  of  Judges  of  the  Supreme  or  District  Courts; 
but  such  increase  or  diminution  shall  not  be  more  than  one  district,  or 
one  judge  of  either  court  at  a  time  ;  and  no  re-organization  of  the  dis- 
tricts, or  diminution  of  the  judges  shall  have  the  effect  of  removing  a 
judge  from  office.     Such  re- organization  of  the  districts,  or  increase  or 
diminution  of  the  judges  shall  take  place  every  five  years  thereafter,  if 
necessary,  and  at  no  other  time. 

5.  The  qualified  voters  of  each  Judicial  District,  shall,  at  the  time  of 
electing  district  judge,  elect  a  prosecuting  attorney  who  shall  be  a  resi- 
dent of  the  district  for  which  he  is  elected,  who  shall  hold  his  office  for 
the  term  of  five  years  and  until  his  successor  is  elected  and  qualified. 

6.  The  style  of  all  process  shall  be  "The  State  of  Iowa,"  and  all 
prosecutions  shall  be  conducted  in  the  name  and  by  the  authority  of  the 
same. 

7.  It  shall  be  the  duty  of  the  General  Assembly  to  make  such  pro- 
visions by  law  as  shall  be  necessary  for  the  carrying  into  effect  of  this 
'Article  and  to  provide  for  a  regular  system  of  practice  in  all  the  courts 
of  the  State. 

Said  report  of  the  Committee  of  the  Whole  was  accepted  by  the  Con- 
vention, and  the  Committee  were  discharged. 

On  motion  of  Mr.  Peters, 
The  Convention  then  adjourned. 


161 


FRIDAY  MORNING,  FEBRUARY  13,  1857. 

At  nine  o'clock,  A.  M.,  the  Convention  came  to  order,  the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

Mr.  Clarke,  of  Henry,  asked  and  obtained  leave  of  absence  for  Mr. 
Parvin,  from  the  sittings  of  the  Convention  until  Monday  next. 

The  President  laid  before  the  Convention  the  following  communi- 
cation : 

" CITIZENS  LIBRARY  ASSOCIATION, 

Iowa  City,  Feb.,  12,  1857. 
HON.  FRANCIS  SPRINGER, 

President  Constitutional  Convention : 

SIR: — In  behalf  of  the  " Citizens  Library  Association"  of  this 
city,  it  affords  me  pleasure  to  extend  to  the  members  of  the  body  over 
which  you  preside  the  privileges  of  their  Reading  Rooms,  during  their 
stay  in  our  city.  You  will  please  make  this  known  to  them.  The 
rooms  are  open  from  8  o'clock,  A.  M.,  until  10  o'clock,  P,  M.?  each 
day  except  Sundays. 

I  am, 

Truly  Yours, 

C.  W.  HOBART, 

President." 

Which,  having  been  read, 

Mr.  Clarke,  of  Henry,  offered  the  following  resolution  : 
Resolved,  That  the  thanks  of  this  Convention  be  tendered  to  th* 
"Citizens. Library  Association"  for  their  generous  prof'er  ofjhe  liberty 
of  their  rooms  :  and 
The  same  was  unanimously  adopted. 

.  Mr.  Winchester  moved,  that  the  Report  of  the  Committee  of  the 
Whole  made  last  evening  in  relation  to  the  Judicial  Department,  be  laid 
upon  the  table ; 

Which  motion  was  disagreed  to. 
11 


162 

The  Convention  then  proceeded  to  the  consideration  of  the  Report 
of  the  Committee  of  the  Whole  in  relation  to  the  Judicial  Department, 
being  a  Substitute  for  the  Majority  Report  of  the  Standing  Committee 
upon  that  subject : 

The  First  Section  of  said  Substitute  being  under  consideration,  as 
follows : 

1.  "The  Judicial  power  shall  be  vested  in  a  Supreme  Court,  District 
Courts,  and  such  other  courts  inferior  to  the  Supreme  Court  as  the  Gen- 
eral Assembly  may  from  time  to  time  establish," 

Mr.  'Solomon  moved  to  amend  the  same  by  adding  to  the  end  of  the 
section  as  follows : 

"Provided,  the  creation  of  such  other  court  or  courts  does  not  in- 
volve the  election  of  Judges  other  than  those  provided  for  in  this  Article;" 

Which  motion  was  disagreed  to. 

The  Second  Section  of  said  Substitute  being  under  consideration, 
as  follows : 

2.  The   Supreme  Court  shall  consist  of  a  Chief  Justice  and  three 
Associates,  three  of  whom  shall  be  a  quorum  to  hold  court ;" 

Mr.  Wilson  moved  to  amend  by  striking  out  the  word  "three"  where 
it  occurs  in  said  section,  and  inserting  the  word  "two  ;" 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  affirmative,  as  follows  : 


YEAS. 

Messrs 

.  Ayers, 

Messrs.  Rollings  worth, 

Bunker, 

Johnston, 

Clarke,  of  Henry, 

Scott, 

Clark,  of  Alamakee, 

Seely, 

Edwards, 

Traer, 

Ells, 

Warren, 

Gillaspy, 

Wilson, 

Gower, 

Winchester, 

Gray, 

Young, 

\ 

Harris, 

Springer,  [P.,]  20 

i 

NAYS. 

Messrs.  Clarke,  of  Johnson,  Messrs.  Palmer, 

Day,  Patterson, 

Emerson,  Peters, 

Gibson,  Price, 

Hall,  Robinson, 

Marvin,  Solomon — 12. 


163 

The  Third  Section  of  said  Substitute  .being  under  consideration,  as 
follows  : 

3*  "The  Judges  of  the  Supreme  Court  shall  be  elected  by  the  quali- 
fied voters  of  the  State  and  shall  hold  their  courts  at  such  time  and 
place  as  the  General  Assembly  may  direct,  and  hold  their  offices  for  six 
years,  £c." 

Mr.  Palmer  moved  to  amend  the  same  by  striking  out  the  word  "six" 
and  inserting  the  word  "four  ;" 
Which  motion  was  disagreed  to. 

The  Fourth  Section  of  said  Substitute  being  under  consideration,  as 
follows : 

4.  The  District  Court  shall  consist  of  a  judge  who  shall  be  elected 
by  the  qualified  voters  of  the  district  in  which  he  resides  at  the  general 
election  and  hold  his  office  for  the  term  of  five  years,  and  until  his  suc- 
cessor is  elected  and  qualified,  and  shall  be  ineligible  to  any  other  office 
except  that  of  Supreme  Judge  during'  the  term  for  which  he  may  be 
elected.  The  District  Court  shall  be  a  court  of  law  and  equity  which 
shall  be  distinct  and  separate  jurisdictions,  and  have  jurisdiction  in  civil 
and  criminal  ^matters  arising  in  their  respective  districts,  in  such  man- 
ner as  shall  be  prescribed  by  law.  The  Judges  of  the  District  Court  shall 
be  conservators  of  the  peace  in  their  respective  districts.  The  first  session 
of  the  General  Assembly  shall  divide  the  State  into  ten  districts.  After 
the  year  1860,  and  not  before,  the  General  Assembly  may  re-organize 
the  judicial  districts  and  increase  or  diminish  the  number  of  districts  or 
the  number  of  Judges  of  the  Supreme  or  District  Courts,  but  such  in- 
crease or  diminution  shall  not  be  more  than  one  district,  or  one  judge 
of  either  court  at  a  time,  and  no  reorganization  of  the  districts,  or  dim- 
inution of  the  judges  shall  have  the  effect  of  removing  a  judge  from 
office.  Such  reorganization  of  the  districts,  or  increase,  or  diminution 
of  the  judges,  shall  take  place  every  five  years  thereafter,  if  necessary, 
and  at  no  other  time, 

Mr.  Gillaspy  moved  to  amend  the  same,  by  striking  out  the  word 
"five"  near  the  commencement  of  said  section  ; 
Which  motion  was  agreed  to.   ' 

Mr.  Gillaspy  then  moved  to  fill  the  blank  with  the  word  "four  ;"  , 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Palmer, 

Clark,  of  Alamakee,  Patterson, 

Day,  Peters, 


164 


Messrs.  Edwards, 
Emerson, 
Gibson, 
Gillaspy, 
Gray, 
Harris, 

Hollingsworth, 
Johnston, 
Marvin, 

NAYS. 
Messrs.  Bunker, 

Clarke,  of  Henry, 
Clarke,  of  Johnson, 


Messrs.  Robinson, 
Scott, 
Seely, 
Solomon, 
Traer, 
Warren, 
Wilson, 
Winchester, 
Young— 24. 


Messrs.  Ells, 

Gower, 
Hall, 


Springer,  [Prest.,] — 7. 

Mr.  Gower  moved  to  amend  said  section  by  striking  out  the  word 
"ten"  near  the  middle  thereof,  and  inserting  the  word  "thirteen  ;" 

Mr.  Clarke,  of  Johnson,  moved  that  there  be  a  division  of  the  ques- 
tion; 

Which  was  agreed  to. 

Upon  the  question  of  agreeing  to  the  motion  of  striking  out  the  word 
"ten"  the  yeas  and  nays  were  demanded,  and  it  was  decided  in  the 


negative,  as  follows : 


YEAS. 
Messrs.  Bunker, 

Clarke,  of  Johnson, 
Ells, 

Seely— 7. 

NAYS. 
Messrs.  Ayres, 

Clarke,  of  Henry, 

Clark,  of  Alamakee, 

Day, 

Edwards, 

Emerson, 

Gibson, 

Gillaspy, 

Gray, 

Hall, 

Harris, 

Hollingsworth, 

Springer,  [Prest.] —25. 


Messrs.  Gower, 
Palmer, 
Peters, 


Messrs.  Johnston, 
Marvin, 
Patterson, 
Price, 
Robinson, 
Scott, 
Solomon, 
Traer, 
Warren, 
Wilson, 
Winchester, 
Young, 


165 

The  Fifth  Section  of  said  Substitute  being  under  consideration,  as 
follows : 

5.  The  qualified  voters  of  each  Judicial  District  shall  at  the  time  of 
electing  district  judge  elect  a  Prosecuting  Attorney  who  shall  be  a  resi- 
dent of  the  District  for  which  he  is  elected,  who  shall  hold  his  office  for 
the  term  of  five  years,  and  until  his  successor  is  elected  and  qualified  ; 

Mr.  Wilson  moved  to  amend  said  section  by  striking  out  the  word 
"five"  and  inserting  the  word  "four  ;" 

Which  motion  was  agreed  to. 

Mr.  Clarke,  of  Johnson,  moved  to  strike  out  said  Section ; 

Upon  the  question  of  agreeing  to  said  motion  the  yeas  and  nays  were 
demanded,  and  it  was  decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Gibson, 
Clarke,  of  Johnson,  Gower, 

Ells,  Gray— 6. 

NAYS. 

Messrs.  Ayers,  Messrs.  Patterson, 

Clarke,  of  Henry,  Peters, 

Clark,  of  Alamakee,  Price, 

Day,  Robinson, 

Edwards,  Scott, 

Emerson,  Seely, 

Gillaspy,  Solomon, 

Hall,    '  Traer, 

Harris,  Warren, 

Hollingsworth,  Wilson, 

Johnston.  Winchester, 

Marvin,  Young, 

Palmer,  Springer,  [P.]  26. 

Mr.  Clarke,  of  Johnson,  moved  to  amend  the  Fourth  Section  of  said 
Substitute,  by  adding  thereto  as  follows : 

"At  the  first  election  of  Supreme  Judges  they  shall  be  so  classified 
under  provisions  of  law  that  one  of  the  Supreme  Court  Judges  shall  go 
out  of  office  every  two  years.  The  Justice  of  the  Supreme  Court  hav- 
ing the  shortest  term  at  the  first  election  shall  be  Chief  Justice,  and 
after  the  expiration  of  his  term  the  Justice  holding  the  shortest  term 
shall  be  Chief  Justice  ;" 

Which  motion  was  agreed  to. 


166 

Mr.  Palmer  moved  the  following  as  additional  sections  to  said  Sub- 
stitute : 

8.  The  qualified  electors  of  each  county  shall  elect,  at  such  times  as 
may  be  prescribed  by  law,  one  Sheriff,  and  one   Clerk  of  the  District 
Court  who  shall  be  residents  therein  and  hold  their  several  offices  for 
the  term  of   two   years  and  until  their  successors   are   elected   and 
qualified. 

9.  When  any  vacancy  shall  occur  in  the  office  of  any  judge  of  the 
Supreme  or  District  Courts  before  the  expiration  of  the  regular  term 
for  which  he  was  elected  the  same  shall  be  filled  by  appointment  by  the 
Governor  until  it  shall  be  supplied  at  the  next  general  election,  when  it 
shall  be  filled  by  election  for  the  residue  of  the  unexpired  term  ; 

Mr.  Clarke,  of  Johnson,  offered  the  following,  as  a  Substitute  for 
said  proposed  sections  : 

8.  In  case  the  office  of  any  Judge  of  the  Supreme  or  District  Courts 
shall  become  vacant  before  the  expiration  of  the  regular  term  for  which 
he  was  elected  the  vacancy  may  be  filled  by  appointment  by  the  Gover- 
nor until  it  shall  be  supplied  at  the  next  general  election,  when  it  shall 
be  filled  by  election  for  the  residue  of  the  unexpired  term  ; 

Which  Substitute,  as  well  as  the  proposed  sections,  were  severally 
disagreed  to. 

Mr.  Clarke,  of  Johnson,  moved  the  following  as  an  additional  section 
to  said  Substitute : 

8.  The  General  Assembly  shall  provide  by  law  for  the  election  of 
Attorney  General  by  the  people  ; 

Upon  the  question  of  agreeing  to  the  same,  the  yeas  and  nays  were 
demanded,  and  it  was  decided  in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Marvin, 

Clarke,  of  Henry,  Scott, 

Clarke,  of  Johnson,  Seely, 

Clark,  of  Alamakee,  Traer, 

Edwards,  Warren, 

Ells,  Wilson, 

Gower,  Winchester, 

Gray,  Young, 

Hollingsworth,  Springer  [P.]  18. 

NAYS. 

Messrs.  Day,  Messrs.  Johnston, 

Emerson,  Palmer, 


167 

Messrs.  Gibson,  Messrs.  Patterson, 

Gillaspy,  Peters, 

Hall,    '  Price, 

Harris,  Robinson, 
Solomon — 13. 

Mr.  Clarke,  of  Johnson,  offered  the  following  as  an  additional  section 
to  said  Substitute : 

9.  The  salary  of  each  Judge  of  the  Supreme  Court  shall  not  be  less 
than  three  thousand  dollars  per  annum,  nor  shall  'the  salary  of  each 
Judge  of  the  District  Court  be  less  than  two  thousand  five  hundred  dol- 
lars per  annum.  After  the  year  1860  the  General  Assembly  shall  have 
power  to  increase  the  salaries  of  the  Judges  of  the  Supreme  and  Dis- 
trict Courts  ;  but  the  salary  of  no  Judge  of  either  Court  shall  be  in- 
creased or  diminished  during  his  term  of  office  ; 

Pending  the  consideration  of  said  section, 
On  motion  of  Mr.  Palmer, 
The  Convention  adjourned. 


FRIDAY  AFTERNOON: 

At  two  o'clock,  P.  M.,  the  Convention  again  met. 

Mr.  Clarke,  of  Henry,  gave  notice  that  to-morrow  or  on  some  future 
day,  he  would  offer  the  following  resolution  : 

Resolved,  That  a  Standing  Committee  of  three  be  appointed  for  the 
revision,  correction,  engrossing,  and  enrolling  of  Reports  which  have 
passed  their  second  reading. 

Mr.  Winchester  offered  the  following  resolution  : 
Resolved,  That  the  Convention  will  adjourn  sine  die  on  the  23d 
instant ; 

Mr.  Bunker  moved  that  said  resolution  be  laid  on  the  table. 

On  motion  of  Mr.  Hall,  a  call  of  the  House  was  ordered ; 
Whereupon,  the  following  gentlemen  answered  to  their  names : 


168 

Messrs.  Ayers,  Messrs.  Marvin, 

Bunker,  Palmer, 

Clarke,  of  Henry,  Patterson, 

Clarke,  of  Johnson,  Peters, 

Clark,  of  Alamakee,  Price, 

Day,  Robinson, 

Edwards,  Scott,, 

Ells,  Seely, 

Emerson,  Traer, 

Gibson,  .  Warren, 

Gray,  Wilson, 

Hall,  Winchester, 

Harris,  Young, 

Hollingsworth,  Springer,  [P.]  28. 

Mr.  Young  asked  leave  of  absence  for  Mr.  Skiff,  and  Mr.  Marvin  for 
Mr.  Gower : 

Which  requests  were  severally  granted. 

The  Sergeant- at- Arms  having  been  despatched  for  the  absentees, 
upon  his  return, 

Mr.  Clarke,  of  Johnston,  moved  that  further  proceedings  under  the 
call  be  dispensed  with  ; 

Which  was  agreed  to. 

\ 

The  question  then  being  upon  the  motion  of  Mr.  Bunker  to  lay  the 
resolution  relative  to  adjournment  upon  the  table, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirm- 
ative, as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Gray, 

Bunker,  Hollingsworth, 

Clarke,  of  Henry,  Marvin, 

Clarke,  of  Johnson,  Palmer, 

Clark,  of  Alamakee,  Scott, 

Day,  Seely, 

Edwards,  Traer, 

Ells,  Warren, 

Emerson,  Wilson, 

Gibson,  Young, 
Springer,  (Prest.)— 21. 

NAYS. 

Messrs.  Gillaspy,  Messrs.  Patterson, 

Hall,  Peters, 


169 

Messrs.  Harris,  Messrs.  Price, 

Johnston,  Robinson, 

Winchester — 9. 

The  Convention  then  resumed  the  consideration  of  the  subject  pend- 
ing at  the  time,  of  the  adjournment  this  morning. 

The  question  being  upon  agreeing  to  the  additional  section  offered  by 
Mr.  Clarke,  of  Johnson,  to  the  Substitute  reported  by  the  Committee 
of  the  Whole  for  the  majority  report  of  the  Judicial  Department, 

Mr.  Wilson  moved  to  strike  out  the  words  "three  thousand"  and  the 
Vords  "two  thousand  five  hundred"  in  said  proposed  section  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  affirmative,  as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Marvin, 

Bunker,  Palmer, 

Clarke,  of  Henry,  Patterson, 

Clark,  of  Alamakee,  Price, 

Day,  Robinson, 

Edwards,  Scott, 

Gibson,  Seely, 

Gillaspy,  Traer, 

Gray,  Warren, 

Harris,  Wilson, 

Hollingsworth,  Winchester, 

Johnston,  Young, 
Springer,  (Prest.,)— 25. 

NAYS. 

Messrs.  Clarke,  of  Johnson,  Messrs.  Emerson, 

Ells,  Hall, 

Peters — 5. 

Mr.  Winchester  offered  the  following  Substitute  for  said  proposed 
section : 

The  salary  of  each  judge  of  the  Supreme  Court  shall  be  not  less  than 
two  thousand,  nor  more  than  three  thousand  dollars  per  annum,  and 
the  salary  of  each  District  Judge  shall  not  be  less  than  fifteen  hundred 
nor  more  than  twenty-five  hundred  dollars  :  nor  shall  their  salary  be  in- 
creased or  diminished  during  their  term  of  office. 

Upon  the  question  of  agreeing  to  the  same  the  yeas  and  nays  were 
demanded,  and  it  was  decided  in  the  negative,  as  follows  : 
11* 


170 


YEAS. 

Messrs.  Clarke,  of  Johnston,        Messrs.  Emerson, 
Clark,  of  Alamakee,  Patterson, 

Winchester — 5. 


NAYS. 

Messrs.  Ayers, 
Bunker, 

Clarke,  of  Henry, 
Day, 
Edwards, 
Ells, 
Gibson, 
Gillaspy, 
Gray, 
Hall, 

Hollingsworth, 
Johnston, 


Messrs.  Marvin, 
Palmer, 
Peters, 
Price, 
Robinson, 
Scott, 
Seely, 
Traer, 
Warren, 
Wilson, 
Young, 
Springer,  [P.]  24. 


Mr.  Bunker  moved  to  fill  the  first  blank  in  said  proposed  section  by 
inserting  the  words  "twenty- five  hundred  ;" 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  negative,  as  follows  : 


YEAS. 
Messrs.  Bunker, 

Clarke,  of  Johnson, 

Edwards, 

Ells, 

Emerson, 

Hall, 

Hollingsworth, 

NAYS. 
Messrs.  Ayers, 

Clarke,  of  Henry, 

Clark,  of  Alamakee, 

Day, 

Gibson, 

Gillaspy, 

Gray, 

Harris, 


Messrs.  Marvin, 
Patterson, 
Price, 
Traer, 
Warren, 
Young, 
Springer,  (P.)  14. 

Messrs.  Johnston, 
Palmer, 
Peters, 
Robinson, 
Scott, 
Seely, 
Wilson, 
Winchester — 16. 


Mr.  Gillaspy  moved  to  fill  the  first  blank  with  the  words  "two  thou- 
sand ;" 


171 


Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  affirmative,  as  follows : 


YEAS. 
Messrs.  Ayers, 

Clarke,  of  Henry, 

Clark,  of  Alamakee, 

Day, 

Gibson, 

Gillaspy, 

Gray, 

Harris, 

Hollingsworth, 

NAYS. 
Messrs.  Bunker, 

Clarke,  of  Johnson, 

Edwards, 

Ells, 

Emerson, 

Hall, 


Messrs.  Johnston, 
Palmer, 
Patterson, 
Robinson, 
Scott, 
Seely, 
Traer, 
Wilson, 
Young— 18. 


Messrs.  Marvin, 
Peters, 
Price, 
Warren, 
Winchester, 
Springer,  (P.)  12. 


Mr.  Gillaspy  moved  to  fill  the  second  blank  in  said  proposed  section 
by  inserting  the  words  "fifteen  hundred  ;" 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  affirmative,  as  follows : 


YEAS. 

Messrs.  Ayers, 

Clarke,  of  Henry, 

Clark,  of  Alamakee, 

Day, 

Edwards, 

Gibson, 

Gillaspy, 

Gray, 

Harris, 

Hollingsworth, 

NAYS. 
Messrs.  Bunker, 

Clarke,  of  Johnson, 

Ells, 

Emerson, 

Hall, 


Messrs.  Johnston, 
Palmer, 
Patterson, 
Robinson, 
Scott, 
Seely, 
Traer, 
Warren, 
Wilson, 
Young,— 20. 


Messrs.  Marvin, 
Peters, 
Price, 
Winchester, 
Springer,  (P.)  10. 


172 

Mr.  Gibson  moved  to  strike  out  all  of  said  proposed  section  a3 
amended  to  the  word  "After"  near  the  middle  thereof,  and  insert  as 
follows  :  "The  salary  of  each  Judge  of  the  Supreme  Court  shall  be 
two  thousand  dollars  per  annum,  and  the  salary  of  each  Judge  of  the 
District  Court  shall  be  fifteen  hundred  dollars  per  annum  ;" 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  negative,  as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Gillaspy, 
Day,  Palmer, 

Gibson,  Robinson — 6. 

NAYS. 

Messrs.  Bunker,  Messrs.  Marvin, 

Clarke,  of  Henry,  Patterson, 

Clarke,  of  Johnson,  Peters, 
Clark,  of  Alamakee,  Price, 

Edwards,  Scott, 

Ells,  Seely, 

Emerson,  Traer, 

Gray,  Warren, 

Hall,  Wilson, 

Harris,  Winchester, 

Rollings  worth,  Young, 

Johnston,  Springer,  [P.]  24. 

Mr.  Warren  moved  to  reconsider  the  vote  by  which  the  second  blank 
in  said  proposed  section  was  filled  with  the  words  "fifteen  hundred  ;'* 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Peters, 
Bunker,  Price, 

Clarke,  of  Johnson,  Robinson, 

Day,    '  Scott, 

Edwards,  Seely, 

Ells,  Traer, 

Emerson,  Warren, 

Hall,  Wilson, 

Marvin,  Winchester, 

Patterson,  Young, 

Springer,  (Prest.,)  21. 


173 


NAYS. 

Messrs.  Clarke,  of  Henry, 

Clark,  of  Alamakee, 

Gibson, 

Gillaspy, 

Palmer— 9. 


Messrs.  Gray, 
Harris, 

Hollingsworth, 
Johnston, 


Mr.  Warren  moved  that  the  second  blank  in  said  proposed  section  be 
filled  with  the  words  "two  thousand  ;" 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  wai 
decided  in  the  affirmative,  as  follows  : 


YEAS. 
Messrs.  Bunker, 

Clarke,  of  Johnson, 

Day, 

Ells, 

Emerson, 

Hall, 

Marvin, 

Patterson, 

NAYS, 
Messrs.  Ayers, 

Clarke,  of  Henry, 

Clark,  of  Alamakee, 

Edwards, 

Gibson, 

Gillaspy, 

Gray, 


Messrs.  Peters, 
Price, 
Robinson, 
Solomon, 
Traer, 
W  irren, 
Winchester, 
Springer,  (P.)  16. 


Messrs.  Harris, 

Hollingsworth, 

Johnston, 

Palmer, 

Seely, 

Wilson, 

Young — 14. 


Mr.  Edwards  moved  to  reconsider  the  vote  by  which  the  first  blank  in 
said  proposed  section  was  filled  with  the  words  "two  thousand;" 

Upon  this  question,  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  negative,  as  follows  : 

YEAS. 

Messrs .  Bunker,  Messrs .  -  Marvin , 

Clarke,  of  Johnson,  Peters, 

Edwards,  Price, 

Ells,  Solomon, 

Emerson,  Traer, 

Hall,  Wilson, 

Hollingsworth,  Winchester, 
Springer,  (Prest.,) — 15. 


174 

NAYS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Clarke,  of  Henry,                           Palmer, 

Clarke,  of  Alaniakee,  Patterson, 

Day,  Robinson, 

Gibson,  Scott, 

Gillaspy,  Seely, 

Gray,  Wilson, 

Harris,  Young — 16. 

Mr.  Wilson  offered  the  following  substitute  for  said  proposed  section, 
as  amended ; 

"The  salaries  of  the  Supreme  and  District  Judges  shall  be  determined 
by  the  General  Assembly ;" 

Upon  the  question  of  agreeing  to  the  same,  the  yeas  and  nays  were 
demanded,  and  it  was  decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Clarke,  of  Henry,  Messrs.  Seely, 
Clark,  of  Alamakee,  ^    Traer, 

Gray,  Wilson, 

Palmer,  Young, 

Scott,  Springer,  (P.)  10. 

NAYS. 
Messrs.  Ayers,  Messrs.  Harris, 

Bunker,  Rollings  worth, 

Clarke,  of  Johnson,  Johnston, 

Day,  Marvin, 

Edwards,  Patterson, 

Ells,  Peters, 

Emerson,  i  Price, 

Gibson,  Robinson, 

Gillaspy,  Solomon, 

Hall,  Winchester— 20. 

Mr.  Bunker  offered  the  following  substitute  for  said  proposed  section, 
as  amended : 

"The  salaries  of  the  Supreme  Judges  shall  be  twenty- five  hundred 
dollars  each  and  the  salary  of  the  District  Judges  shall  be  two  thousand 
dollars  each  until  1860,  after  which  time  their  salaries  may  be  fixed  by 
the  Legislature,  but  shall  never  exceed  four  thousand  dollars  each  ;" 

Upon  the  question  of  agreeing  to  the  same,  the  yeas  and  nays  were 
lemanded,  and  it  was  decided  in  the  negative,  as  follows  : 


175 

YEAS. 
Messrs.  Bunker,  Messrs.  Ells, 

Clarke,  of  Johnson,  Emerson, 

Springer,  (Prest.,) — 5. 

NAYS. 

Messrs.  Ayres,  Messrs.  Johnston, 

Clarke,  of  Henry,  Palmer, 

Clark,  of  Alamakee,  Patterson, 

Day,  Peters, 

Edwards,  Price, 

Gibson,  Scott, 

Gillaspy,  Seely, 

Gray,  Solomon, 

Hall,  Traer, 

Harris,  Wilson, 

Hollingsworth,  Winchester, 
Young— 23. 

Mr.  Wilson  moved  to  strike  out  the  first  part  of  said  proposed  sec- 
tion, as  amended,  up  to  the  word  "After"  near  the  middle  thereof  : 

Upon  the  question  of  agreeing  to  said  motion  the  yeas  and  nays  were 
demanded,  and  it  was  decided  in  the  affirmative,  as   follows : 

YEAS. 

Messrs.  Clarke,  of  Henry,  Messrs.  Hollingsworth, 

Clark,  of  Alamakee,  Johnston, 

Day,  Scott, 

Edwards,  Seely, 

Gibson,  Traer, 

Gillaspy,  Wilson, 

Gray,  Young, 

Harris,  Springer,  (P.)  16. 

NAYS. 

Messrs.  Ayers,  Messrs.  Marvin, 

Bunker,  Palmer, 

Clarke,  of  Johnson,  Peters, 

Ells,  Price, 

Emerson,  Robinson, 

Hall,  Solomon, 
Winchester— 13.     • 

On  motion  of  Mr.  Hall, 

The  Convention  then  adjourned. 


176 


SATURDAY  MORNING,  FEBRUARY  14,  1857. 

At  nine  o'clock,  A.  M.,  the  Convention  came  to  order,  the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

Mr.  Scott  presented  the  petion  o£  E.  B.  Hutchinson  and  eighty-five 
others,  residents  of  Clayton  county,  praying  the  present  section  of  the 
Constitution,  regulating  the  boundaries  of  counties,  be  stricken  out,  and 
that  the  same  be  left  to  the  people  to  determine ; 

Which  was  read,  and,  on  motion,  was  referred  to  the  Committee  on 
Miscellaneous  Matter. 

The  resolution  of  Mr.  Clarke,  of  Henry,  offered  by  him  yesterday, 
was  then  taken  up  for  consideration,  as  follows : 

Resolved,  That  a  Standing  Committee  of  three  be  appointed  for 
the  revision,  correction,  engrossing  and  enrolling  of  Reports  which 
have  passed  their  third  reading  : 

Said  resolution  having  been  read,  the  same  was  adopted. 

Mr.  Clark,  of  Alamakee,  offered  the  following : 

Resolved^  That  a  Special  Committee  of  three  be  appointed  to  in- 
quire into  and  report  the  cause  of  the  delay  in  printing  the  reports  of 
•this  Convention ; 

Mr.  Hall  moved  that  the  resolution  be  laid  upon  the  table  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Hollingsworth, 

Clarke,  of  Johnson,  Palmer, 

Edwards,  Price, 

Ells,  Seely, 

Hall,  Warren, 
Young — 11. 

NAYS. 
Messrs.  Ayers,  Messrs.  Marvin, 

Clarke,  of  Henry,  Patterson, 


177 

Messrs.  Clark,  of  Alamakee,  Messrs.  Peters, 

Day,  Robinson, 

Emerson,  Scott, 

Gibson,  Solomon, 

Gillaspy,  Traer, 

Gray,  Wilson, 

Harris,  Winchester, 

Johnston,  Springer,  ( P. )  20 . 

Upon  the   question  of  adopting  the  resolution,  the  yeas  and  nayt 
were  demanded,  and  it  was  decided  in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Marvin, 

Clarke,  of  Henry,  Patterson, 

Clark,  of  Alamakee,  Peters, 

Day,  Robinson, 

Emerson,  Scott, 

Gibson,  Solomon, 

Gillaspy,  Traer, 

Gray,  Wilson, 

Harris,  Winchester, 

Johnston ,  Springer,  (  P . , )  20 . 

NAYS. 

Messrs.  Bunker,  Messrs.  Hollingsworth, 

Clarke,  of  Johnson,  Palmer, 

Edwards,  Price, 

Ells,  Seely, 

Hall,  Warren, 
Young — 11. 

Whereupon,  the  President  appointed  as  said  Committee  Messrs.  Clark, 
of  Alamakee,  Gillaspy  and  Young. 

Mr.  Winchester  offered  the  following : 

Resolved,  That  this  Convention  do  npw  adjourn  until  the  second 
Monday  of  May  next ; 

Mr.  Harris  moved  to  amend  said  resolution  so  as  to  adjourn  sine  die 
on  the  third  day  of  March  next ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Edwards,  Messrs.  Johnston, 

Gibson,  Marvin, 
12 


178 


Messrs.  Hall, 
Harris, 


Price— 9. 

NAYS. 


Messrs.  Ayers, 
Bunker, 

Clarke,  of  Henry, 
Clarke,  of  Johnson, 
Clark,  of  Alamakee, 
Day, 
Ells, 

Emerson, 
Gillaspy, 
Gray, 
Rollings  worth, 


Messrs.  Palmer, 
Patterson, 


Messrs.  Peters, 

Robinson, 

Scott, 

Seely, 

Solomon, 

Traer, 

Warren, 

Wilson, 

Winchester, 

Young, 

Springer  (P.)  22. 


Mr.  Clark,  of  Alamakee,  moved  to  amend  said  resolution  by  making 
the  City  of  Dubuque  the  place  to  which  the  Convention  shall  adjourn  ; 
Which  motion  was  not  agreed  to. 

Mr.  Harris  moved  to  amend  said  resolution,  by  striking  "the  second 
day  of  May"  and  inserting  "the  first  Monday  in  June  ;" 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  wai  de- 
cided in  the  negative,  as  follows  : 


Messrs.  Edwards, 
Gray, 
Harris, 


YEAS. 


NAYS. 


Messrs.  Palmer, 

Patterson, 
Robinson — 6. 


Messrs.  Ayers, 
Bunker, 

Clarke,  of  Henry, 
Clarke,  of  Johnson, 
Clark,  of  Alamakee, 
Day, 
Ells, 
Emerson, 
Gibson, 
Gillaspy, 
Hall, 
Hollingsworth, 

Springer,  (Prest.,) — 25. 


Messrs.  Johnston, 
Marvin, 
Peters, 
Price, 
Scott, 
Seely, 
Solomon, 
Traer, 
Warren, 
Wilson, 
Winchester, 
Young, 


179 

Mr.  Hall  offered  the  following  Substitute  for  said  resolution : 

Resolved,  That  when  this  Convention  adjourns  on  Monday  next  it 
will  adjourn  to  meet  at  Davenport  on  the  first  Monday  of  June  next ; 

Mr.  Peters  moved  to  amend  said  Substitute  by  striking  out  "Daven- 
port" and  inserting  "Dubuque;" 
Which  motion  was  not  agreed  to. 

Mr.  Winchester  moved  to  amend  said  Substitute  by  striking  out  the 
word  "June"  and  inserting  the  word  "May;" 
Which  motion  was  agreed  to. 

Mr.  Clark,  of  Alamakee,  moved  to  strike  out  "Davenport"  and  in- 
sert "Iowa  City"  in  said  substitute ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Bunker,  Palmer, 

Clarke,  of  Johnson,  Price, 

Clark,  of  Alamakee,  Traer, 

Gillaspy,  Wilson, 

Gray,'  W^hester, 

Harris,  Young, 

Rollings  worth,  Springer,  [P.,]  16. 

NAYS. 

Messrs.  Clarke,  of  Henry,  Messrs.  Marvin, 

Day,  Patterson, 

Edwards,  Peters, 

Ells,  Robinson, 

Emerson  Scott, 

Gibson,  Seely, 

Hall,  Solomon,, 
Warren — 15. 

Mr.  Wilson  moved  to  indefinitely  postpone  the  consideration  of  said 

substitute. 

The  Previons  Question  having  been  demanded, 
Upon  the  question, 
Shall  the  main  question  now  be  put  ? 

The  same  was  agreed  to,  a  majority  of  the  members  present  voting 
therefor. 


180 

The  question  then  being  upon  the  motion  to  postpone  indefinitely  said 
substitute, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirm- 
ative, as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Rollings  worth, 

Clarke,  of  Henry,  Johnston, 

Clarke,  of  Johnson,  Marvin, 

Clark,  of  Alamakee,  Palmer, 

Edwards,  Price, 

Ells,  Seely, 

Gillaspy,  Traer, 

Gray,  Wilson, 

Harris,  Young, 
Springer,  [Prest. ,] — 19. 

NAYS. 

Messrs.  Ayers,  Messrs.  Peters, 

Day,  Robinson, 

Emerson,  Scott, 

Gibson,  Solomon, 

Hall,  Warren, 

^Patterson,  Winchester — 12. 

Mr.  Scott  moved  that  when  the  Convention  adjourns,  it  will  adjourn 
until  Monday  next  at  two  o'clock,  P.  M. 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Peters, 

Clarke,  of  Henry,  Price, 

Clarke,  of  Johnson,  Scott, 

Ells,       s  Seely, 
Solomon — 9. 

NAYS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Clark,  of  Alamakee,  Marvin, 

Day,  Palmer, 

Edwards,  Patterson, 

Emerson,  Robinson, 

Gibson,  Traer, 

Gillaspy,  Warren, 


181 

Messrs.  Gray,  Messrs.  Wilson, 

Hall,  Winchester, 

Harris,  Young, 

Hollingsworth,  Springer,  [P.,]  22. 

The  resolution  offered  by  Mr.  Ells  on  Tuesday  last,  and  which  was 
amended  and  laid  upon  the  table,  was  then  taken  up,  as  follows  : 

Resolved,  That  no  member  shall  be  allowed  to  speak  more  than  twice 
on  any  one  subject,  nor  more  than  twenty-five  minutes  at  one  time, 
after  said  subject  has  once  been  considered  in  Committee  of  the  Whole  ; 

Mr.  Edwards  offered  the  following  substitute  for  said  resolution  as 
amended  : 

Resolved,  That  no  member  shall  be  permitted  to  speak  more  than 
once  on  any  one  question,  and  then  not  to  exceed  twenty  minutes  ; 

Mr.  Winchester  moved  to  amend  said  substitute  by  striking  out  the 
word  "twenty"  and  inserting  the  word  "fifteen;3' 
Which  motion  was  agreed  to. 

Said  substitute,  as  amended,  was  then  adopted. 

Mr.  Hall  offered  the  following  : 

Resolved,  That  this  Convention  will  adjourn  sine  die  on  or  before 
the  fourth  day  of  March,  1857  ; 

Mr.  Gillaspy  moved  to  strike  out  the  words  "fourth  day  of  March" 
and  insert  * 'twenty-fifth  day  of  February  ;" 

The  question  having  been  raised,  and  the  Chair  having  decided  that 
the  motion  of  Mr.  Hall  was  now  in  order, 

Mr.  Traer  took  an  appeal  from  the  decision  of  the  Chair  ; 

Upon  the  question, 

Shall  the  decision  of  the  Chair  be  sustained  ? 

It  was  decided  in  the  affirmative. 

Mr.  Young  moved  that  said  resolution  be  laid  upon  the  table  ; 

Upon  this  question,  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Marvin, 
Clarke,  of  Johnson,  Scott, 

Clark,  of  Alamakee,  Seely, 

Edwards,  Traer, 


182 

Messrs.  Ells,  Messrs.  Wilson, 

Gray,  Young, 

Hollingsworth,  Springer,  [P.]  14. 

NAYS. 

Messrs.  Avers,  Messrs.  Johnston, 

Clarke,  of  Henry,  Palmer, 

Day,  Patterson, 

Emerson,  Peters, 

Gibson,  Price, 

Gillaspy,  Robinson, 

Hall,  Solomon, 

Harris,  Winchester — 16. 

Mr.  Young  moved  to  postpone  the  consideration  of  said  resolution 
nntil  the  fourth  day  of  March  next ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  wai 
decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Marvin, 

Clarke,  of  Johnson,  Scott, 

Clark,  of  Alamakee,  Seely, 

Edwards,  Traer, 

^ray,  Wilson, 

Hollingsworth,  Young, 
Springer,  (Prest.,) — 13. 

NAYS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Clarke,  of  Henry,  Palmer, 

Day,  Patterson, 

Ells,  Peters, 

Emerson,  Price, 

Gibson,  Robinson, 

Gillaspy,  Solomon, 

Hall,    '  W.irren, 

Harris,  Winchester — 18. 

Mr.  Scott  moved  that  the  Convention  do  now  adjourn  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  d«- 
oided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Scott, 

Clarke,  of  Johnson,  Seely, 


183 

Messrs.  Ells,  Messrs.   Traer, 

Hollingsworth,  Wilson, 

Marvin,  Young, 
Springer,  [Prest.] — 11. 

NAYS. 

Messrs.  Ayers,  Messrs.  Harris, 

Clarke,  of  Henry, .  Johnston, 

Clark,  of  Alamakee,  Palmer, 

Day,  Patterson, 

Edwards,  Peters, 

Emerson,  Price, 

Gibson,  Robinson, 

Gillaspy,  Solomon, 

Gray,  Warren, 

•     -Hall,  Winchester— 20. 

The  question   then  receiving   upon  the  motion  of  Mr.   Gillaspy  to 
amend  said  resolution, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  neg- 
ative, as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Clarke,  of  Henry,  Patterson, 

Day,  Peters, 

Emerson,  Price, 

Gillaspy,  Robinson, 

Hall,  Solomon, 
Winchester — 13. 

NAYS. 

Messrs.  Bunker,  Messrs.  Marvin, 

Clarke,  of  Johnson,  Palmer, 

Clark,  of  Alamakee,  Scott, 

Edwards,  Seely, 

Ells,  Traer, 

Gibson,  Warren, 

Gray,  Wilson, 

Harris,  Young, 

Hollingsworth,  Springer,  (P. )  18. 

The  question  then  being  upon  the  adoption  of  the  resolution,  as  of- 
fered by  Mr.  Hall, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirm- 
ative, as  follows  : 


184 

YEAS. 

Messrs.  Ayers,  Messrs.  Palmer, 

Clarke,  of  Henry,  Patterson, 

Day,  Peters, 

Edwards,  Price, 

Emerson,  Robinson, 

Gibson,  Scott, 

Gillaspy,  Solomon, 

Hall,  Warren, 

Harris,  Winchester, 

Johnston,  Young, 

Marvin,  Springer,  [P.]  22. 

NAYS. 

Messrs.  Bunker,  Messrs.  Gray, 

Clarke,  of  Johnson,  Hollingsworth, 

Clark,  of  Alamakee,  Seely, 

Ells,  Traer, 

Wilson— 9. 

The  Convention  then  resumed  the  consideration  of  the  subject  pend- 
ing, at  the  time  of:  adjournment  last  evening  : 

The  question  being  upon  agreeing  to  the  additional  section,  as 
amended,  offered  by  Mr.  Clarke,  of  Johnson,  to  the  Substitute  reported 
by  the  Committee  of  the  Whole  for  the  majority  report  of  the  Judicial 
Department, 

Mr.  Day  moved  to  reconsider  the  vote  of  yesterday  by  which  said 
proposed  section  was  amended,  by  striking  out  all  up  to  the  word 
4 'after;" 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  negative,  as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Harris, 

Clarke,  of  Johnson,  Palmer, 

Day,  Patterson, 

Ells,  Peters, 

Emerson,  Robinson, 

Gray,  Solomon, 

Hall,  Winchester— 14. 

NAYS. 

Messrs.  Bunker,  Messrs.  Marvin, 

Clarke,  of  Henry,  Scott, 


185 

Messrs.  Clark,  of  Alamakee,  Messrs.  Seely, 
Edwards,  Traer, 

Gibson,  Warren, 

Gillaspy,  Wilson, 

Hollingsworth,  Young, 

Johnston,  Springer  [P.]  16. 

Mr.  Gray  offered  the  following  Substitute  for  said  proposed  section, 
as  amended: 

The  salaries  op  the  Judges  of  the  Supreme  Court  shall  be  two  thou- 
sand dollars,  respectively,  and  that  of  the  District  Judges  one  thousand 
six  hundred  dollars,  until  the  year  I860;  after  which  time  they  shall 
severally  receive  such  compensation  as  the  General  Assembly  may  by 
law  establish  which  shall  not  be  increased  or  diminished  during  the  time 
for  which  they  shall  have  been  elected; 

Mr.  Patterson  moved  to  amend  said  Substitute  by  striking  out  the 
words  "one  thousand  six  hundred"  and  inserting  'the  words  "one 
thousand  eight  hundred  ;" 

Upon  this  question,  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Patterson, 

Bunker,  Robinson, 

Clarke,  of  Johnson,  Solomon, 

Day,  Traer, 

Ells,  Warren, 

Hall,  Winchester— 12. 

NAYS. 

Messrs.  Clarke,  of  Henry,  Messrs.  Johnston, 

Clark,  of  Alamakee,  Marvin, 

Edwards,  Palmer, 

Emerson,  Peters, 

Gibson,  Scott, 

Gillaspy,  Seely, 

Gray,  Wilson, 

Harris,  Young, 

Hollingsworth,  Springer,  [P.,]  18. 

Mr.  Solomon  moved  to  amend  said  Substitute  by  inserting  between 
the  words  "Court"  and  "shall,"  near  the  beginning  thereof,  the  words 
"who  shall  have  been  elected  by  the  people  ;" 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  negative,  as  follows : 
12* 


186 

YEAS. 

Messrs.  Ayers, 

Clarke,  of  Henry, 

Day, 

Emerson, 

Gibson, 

Gillaspy, 

NAYS. 
Messrs.  Bunker, 

Clarke,  of  Johnson, 
Clark,  of  Alamakee, 
Edwards, 
.  Ells, 
Gray, 
Hall, 

Hollingsworth, 
Marvin, 


Messrs.  Harris, 

Johnston, 
Palmer, 
Patterson, 
Peters, 
Solomon — 12. 


Messrs.  Robinson, 
Scott, 
Seely, 
.  Traer, 
Warren, 
Wilson, 
Winchester, 
Young, 
Springer,  (P.)  18. 


The  Previous  Question  having  been  demanded, 
Upon  the  question, 
Shall  the  main  question  be  now  put? 

The  same  was  agreed  to,  a  majority  of  the  members  present  voting 
therefor. 

The  question  then  being  upon  the  adoption  of  said  substitute, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirma- 
tive, as  follows : 


YEAS. 

Messrs.  Ayers, 
Bunker, 

Clarke,  of  Henry, 
Clark,  of  Alamakee, 
Day, 
Edwards, 
Gillaspy, 
Gray, 
Harris, 
Hollingsworth, 

NAYS. 

Messrs.  Clarke,  of  Johnson, 
Ells, 
Emerson, 


Messrs.  Johnston, 
Marvin, 
Palmer, 
Patterson, 
Scott, 
Seely, 
Traer, 
Wilson, 
Young, 
Springer  (P.  )20. 


Messrs.  Peters, 

Robinson, 
Solomon, 


187 


Messrs.  Gibson, 
Hall, 


Messrs.  Warren, 

Winchester — 10. 


The  question  now  being  upon  the  adoption  of  said  substitute  as  an 
additional  section  to  the  Substitute  reported  by  the  Committee  of  the 
Whole, 

The'' Previous  Question  was  demanded, 

And,  upon  the  question, 

Shall  the  main  question  be  now  put  ? 

The  same  was  agreed  to,  a  majority  of  the  members  present  voting 
therefor. 

Upon  the  question  of  adopting  said  substitute, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  af- 
firmative, as  follows : 


YEAS. 


Messrs.  Marvin, 
Palmer, 
Patterson, 
Scott, 
Seely, 
Traer, 
Warren, 
Wilson, 
Winchester, 
Young, 


Messrs.  Ayers, 
Bunker, 

Clarke,  of  Henry, 
Day, 
Edwards, 
Gillaspy, 
Gray, 
Harris, 

Hollingsworth, 
Johnston, 

Springer,  [Prest.]  21. 

NAYS. 

Messrs.  Clarke,  of  Johnson,          Messrs.  Gibson, 
Clark,  of  Alamakee,  Hall, 

Ells,  Peters, 

Emerson,  Robinson, 

•     Solomon — 9. 

Mr.  Clarke,  of  Johnson,  moved  to  amend  the  Fourth  Section  of  said 
Substitute  reported  by  the  Committee  of  the  Whole,  bjAriking  out  the 
rords  "The  first  session  of  the  General  Assembly  shall  divide  the  State 
ito  ten  districts,"  and  insert  as  follows : 

'The  State  shall  consist  of  ten  districts  and  after  the  year  1860  the 
General  Assembly  may  reorganize)  the  judicial  districts  and  increase  or 
diminish  the  number  of  districts  or  the  number  of  judges  of  the  Dis- 
trict Courts,  but  such  increase  or  diminution  shall  not  be  more  than  one 


188 

district  or  one  judge  at  a  time,  and  no  reorganization  of  the  districts 
or  diminution  of  the  judges  shall  have  the  effect  of  removing  a  judge 
from  office  ;  such  reorganization  of  the  districts  or  increase  or  dimi- 
nution of  the  Judges  shall  take  place  every  five  years  thereafter,  if  nec- 
essary, and  at  no  other  time  ; 

Which  motion  was  agreed  to. 

Mr.  Traer  moved  that  when  the  Convention  adjourns,  it  will  adjourn 
until  two  o'clock  on  Monday  afternoon  next ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Peters, 

Clarke,  of  Johnson,  Robinson, 

Ells,  Scott, 

Hall,  Solomon, 

Hollingsworth,  Traer, 

Marvin,  Warren, 

Palmer,  Wilson, 
Young, — 15. 

NAYS. 

Messrs.  Ayers,  Messrs.  Gillaspy, 

Clarke,  of  Henry,  Gray, 

Clark,  of  Alamakee,  Harris, 

Day,  Johnston, 

Edwards,  Patterson, 

Emerson,  Seely, 

Gibson,  Winchester, 
Springer,  (Prest. )  15. 

On  motion  of  Mr.  Young, 
The  Convention  then  adjourned. 


189 


SATURDAY  AFTERNOON. 

At  two  o'clock,  P.  M.,  the  Convention  again  met. 

Mr.   Gray  moved   that  the  Convention  do  now  adjourn  until  two 
o'clock  on  Monday  afternoon  next. 

On  motion  of  Mr.  Winchester,  a  call  of  the  House  was  ordered ; 
Whereupon,  the  following  gentlemen  answered  to  their  names : 

Messrs.  Ayers,  Messrs.  Palmer, 

Bunker,  Patterson, 

Clarke,  of  Henry,  Peters, 

Day,  Price, 

Ells,  Scott, 

Emerson,  Seely, 

Gibson,  Solomon, 

Gillaspy,  Traer, 

Gray,  Warren, 

Harris,  Wilson, 

Hollingsworth,  Winchester, 

Johnston,  Young, 
Springer,  [Prest.]  25. 

On  motion  of  Mr.  Harris, 

Messrs.  Marvin,  Clarke,  of  Johnson,  and  Todhunter  were  severally 
excused. 

On  motion  of  Mr.  Traer, 

Further  proceedings  under  the  call  w^ere  dispensed  with. 

The  question  then  being  upon  agreeing  to  the  motion  of  Mr.  Gray, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirma- 
tive, as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Peters, 
Clarke,  of  Henry,  Price, 

Ells,  Scott, 

Emerson,  Seely, 

Gray,  Solomon, 


190 

Messrs.  Harris,  Messrs.  Traer, 

Rollings  worth,  Warren, 

Palmer,  Wilson, 
Young— 17. 

NAYS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Day,  Patterson, 

Gibson,  Robinson, 

Gillaspy,  Winchester, 

Springer,  (Prest.)  9. 

So  the  Convention  then  adjourned  until  Monday  afternoon  next  at 
two  o'clock. 


MONDAY  AFTERNOON,  FEBRUARY  16,  185T. 

At  two   o'clock,  P.  M.,  the  Convention  came  to  order,  the  Presiden 
in  the  Chair. 

The  reading  of  the  Journal  of  Saturday's  proceedings  was  dispensed 
•with  for  the  present. 

The  Convention  then  resumed  the  consideration  of  the  Report  of  the 
Committee  of  the  Whole  in  relation  to  the  Judicial  Department,  being 
a  Substitute  for  the  Majority  Report  of  the  Standing  Committee  upon 
that  subject ; 

Mr.  Clarke,  of  Johnson,  moved  to  refer  said  Substitute  -with  the 
amendments  made  thereto,  to  the  Committee  on  Judicial  Department 
for  the  purpose  of  revision  ; 

Which  motion  was  agreed  to. 

Mr.  Harris  moved  that  said  Committee  be  instructed  to  inquire  into 
the  propriety  of  so  amending  the  Fourth  Section  of  said  Substitute  as 
to  make  the  number  of  Judicial  Districts  thirteen  instead  of  ten. 

Which  motion  was  agreed  to. 


191 

The  Convention  then  resolved  itself  into  Committee  of  the  Whole, 
Mr.  Patterson  in  the  Chair,  upon  the  consideration  of  the  Report  of  the 
Committee  on  Distribution  of  Powers  and  Legislative  Department ;  arid, 
after  some  time  spent  therein,  the  committee  rose. 

The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  reported  that  progress 
had  been  made  in  the  consideration  of  the  subject  before  them,  and 
the  Committee  asked  and  obtained  leave  to  sit  again. 

On  motion  of  Mr.  Harris, 
The  Convention  adjourned. 


TUESDAY  MORNING,  FEBRUARY  17,  1857. 

At  nine  o'clock,  A.  M.,  the  Convention  came  to  order ,'the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  Saturday's  proceedings,  and  that  of  yesterday,  were 
read  and  approved. 

To  constitute  the  Standing  Committee  on  revision,  engrossment  and 
enrollment,  the  Presidont  announced  as  follows,  viz :  Messrs.  Clarke, 
of  Henry,  Johnston  and  Wilson. 

The  Convention  then  resolved  itself  into  Committee  of  the  Whole,  Mr. 
Patterson  in  the  Chair,  upon  the  consideration  of  the  Report  of  the  Com- 
mittee on  Distribution  of  Powers  and  Legislative  Department  ;  and, 
after  some  time  spent  therein,  the  committee  rose. 

The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  reported  that  progrew 


192 

had  been  in  the  consideration  of  the  subject  before  them,  and  the  Com- 
mittee asked  and  obtained  leave  to  sit  again. 

On  motion  of  Mr.  Traer, 
The  convention  then  adjourned. 


TUESDAY  AFTERNOON. 

At  two  o'clook,  P.  M.,  the  Convention  again  met. 

The  Convention  then  resolved  itself  into  Committee  of  the  Whole,  Mr. 
Patterson  in  the  Chair,  upon  the  consideration  of  the  report  of  the 
Committee  on  Distribution  of  Powers  and  Legislative  Department ;  and, 
after  some  time  spent  therein,  the  Committee  rose. 

The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  stated  that  they  had 
concluded  the  consideration  of  the  subject  before  them,  and  reported  the 
same  back  to  the  Convention  with  sundry  amendments : 

On  motion, 

Said  report  was  received  and  the  Committee  were  discharged. 

The  Report  of  the  Committee  on  Distribution  of  Powers  and  Legis- 
lative Department,  as  amended  in  Committee  of  the  Whole,  was  then 
taken  up  for  consideration,  the  same  being  ui)on  its  second  reading. 

The  Third  Section  of  said  Report  being  under  consideration,  as 
follows : 

3.  The  members  of  the  House  of  Representatives  shall  be  chosen 
every  second  year,  by  the  qualified  electors  of  their  respective  districts, 
on  the  second  Tuesday  in  October,  except  the  years  of  the  Presidential 
election,  when  the  election  shall  be  on  the  Tuesday  next  after  the  first 
Monday  in  November  ;  whose  term  of  office  shall  continue  two  years 
from  the  Tuesday  next  after  the  first  Monday  in  November ;  and, 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole  to  said  section,  by  striking  out  the  words  "  con- 
tinue two  years  from  the  Tuesday  next  after  the  first  Monday  in  Novem- 


193 

ber,  and  inserting  the  words  "  commence  on  the  first  day  of  January 
next  succeeding  such  election,  and  continue  two  years  ;" 

The  same  was  agreed  to. 

The  Sixth  Section  of  said  Report  being  under  consideration,  as  fol- 
lows : 

6.  "The- number  of  Senators  shall  not  be  less  than  one-third,  nor 
more  than  one-half  the  Representative  body.       The  present   Senators 
shall  remain  in. office  during  the  term  for  which  they  were  elected,  and 
shall  be  divided  into  two  c!  asses.     Those  Senators  whose  term  of  office 
expires  on  the  first  Monday  in  August,  1858,    shall  be  one  class,    and 
those  Senators  whose  term  of  office  expires  on  the  first  Monday  an  Au- 
gust, 1860,  shall   be  the  other  class  :  so  that  one-half   shall  be  chosen 
every  two  years  ;"  and 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole,  by  striking  out  all  of  said  section  after  the  words 
4 'Representative  body"  near  the  beginning  thereof; 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirma- 
tive, as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Marvin, 

Clarke,  of  Johnson,  Palmer, 

Clark,  of  Alamakee,  Patterson, 

Emerson,  Peters, 

Gibson,  Price, 

Gillaspy,  Robinson, 

Hall,  Solomon, 

Harris,  Traer, 

Johnston,  Young, 
Springer,  (P. )— 19. 

NAYS. 

Messrs.  Clarke,  of  Henry,  Messrs.  Parvin, 

Edwards,   '  Scott, 

Gower,  Seely, 

Gray,  Warren, 

Hollingsworth,  Wilson, 

,    Winchester — 11. 

The  Seventh  Section  of  said  Report  being  under  consideration,  as 
follows  : 

7.  "When  the  number  of  Senators  is  increased,  they  shall  be  annex- 

13 


194 

ed  by  lot  to  one  of  the  two  classes,  so  as  to  keep  them  as  nearly  equal 
in  number  as  practicable  ;"  and 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole  to  said  section,  by  prefixing  to  the  same  the  words, 
"The  Senators  shall  be  so  classed  by  lot,  that  one-half  shall  be  chosen 
every  two  years  ;  " 

The  same  was  agreed  to. 

The  Twenty-first  Section  of  said  Report  being  under  consideration, 
as  follows  : 

21.  The  Governor,  Secretary  of  State,  Auditor,  Treasurer,  Judgei 
of  the  Supreme  and  District  Courts,  Superintendent  of  Public  Instruc- 
tion and  Attorney  General,  shall  be  liable  to  impeachment  for  any 
misdemeanor  in  office,  &c.,  and, 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole  to  said  section,  by  striking  out  the  words 
"Superintendent  of  Public  Instruction  and  Attorney  General"'  and 
inserting  the  words  "and  all  other  officers  of  the  State,  " 

Mr.  Winchester  moved  a  substitute  for  said  amendment,  causing  the 
section  to  read  as  follows  : 

21.  The  Governor,  Supreme  and  District  Judges,  and  all  other 
State  officers,  shall  be  liable  to  impeachment  for  any  misdemeanor  in 
office,  &c. 

Which  substitute  was  adopted  and  the  amendment,  as  amended,  was 
agreed  to. 

The  Twenty-sixth  section  of  said  report  being  under  consideration, 
as  follows  : 

26.  "Each  member  of  the  General  Assembly  shall  receive  a  compen- 
sation to  be  fixed  by  law,  for  his  services,  to  be  paid  out  of  the  treas- 
ury of  the  State.  Such  compensation  shall  not  exceed  three 
dollars  per  day  for  the  period  of  sixty  days  from  the  commence- 
ment of  the  session,  and  shall  not  exceed  the  sum  of  two  dollars  per 
day  for  the  remainder  of  the  session  ;  when  convened  in  extra  session 
by  the  Governor,  they  shall  receive  such  sums  per  diem  as  shall  be  fixed 
for  the  first  sixty  days  of  the  ordinary  session.  They  shall  also  receive 
three  dollars  for  every  twenty  miles  they  travel,  in  going  to  and  return- 
ing from  their  place  of  meeting,  on  the  nearest  traveled  route  ;"  and 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole  to  said  section  by  substituting  therefor,  as  fol- 
lows : 


195 

26.  "Each  member  of  the  first  General  Assembly  under  this  Consti- 
tution shall  receive  the  sum  of  three  dollars  per  diem,  and  the  sum  of 
three  dollars  for  every  twenty  miles  they  travel,  in  going  to  and  return- 
ing from  their  place  of  meeting  on  the  nearest  traveled  route ;  after 
which  they  shall  receive  such  compensation  as  may  be  fixed  by  law  ; 
but  no  General  Assembly  shall  have  the  power  to  increase  the  ~com- 
pensation   of    its    members.      And  when  convened  in  extra  session 
they  shall  receive  no  greater  compensation  per  diem  than  is  fixed  by  law 
for  the  regular  session  ;" 

The  same  was  agreed  to. 

The  Twenty- seventh  Section  of  said  Report  being  under  considera- 
tion, as  follows : 

27.  "No  law  of  the  General  Assembly,  of  a  public  nature,  shall  take 
effect  until  the  fourth  day  of  July  next  after  the  passage  thereof.      If 
the  General  Assembly  shall  deem   any  law  of  immediate  importance, 
they  may  provide  that  the  same  shall  take  effect  by  publication  in  news- 
papers in  the  State  ;"  and 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole  to  said  section  by  striking  out  the  words  "the 
fourth  dayof  July  next  after  the  passage  thereof"  and  inserting  the  words 
"ninety  days  after  the  adjournment  of  the  General  Assembly  by  which 
it  was  passed," 

Mr.  Harris  moved  to  amend  said  amendment  so  as  to  cause  the  sec- 
tion to  read  as  follows  : 

2. .  "No  law  passed  at  a  regular  session  of  the  General  Assembly, 
of  a  public  nature,  shall,  take  effect  until  the  fourth  day  of  July  next 
after  the  passage  thereof.  Laws  passed  at  a  special  session  shall  take 
effect  in  ninety  days  after  the  adjournment  of  the  General  Assembly  by 
which  they  were  passed.  If  the  General  Assembly  shall  deem  any  law 
of  immediate  importance,  they  may  provide  that  the  same  shall  take 
effect  by  publication  in  newspapers  in  the  State  ;" 

Which  motion  was  agreed  to. 

And  the  amendment,  as  amended,  was  then  agreed  to. 

The  Thirty-first  Section  of  said  Report  being  under  consideration, 
as  follows : 

31.  "The  General  Assembly  shall  not  pass  local  or  special  laws  in  the 
following  cases :  / 

"For  laying  out,  opening,  and  working  on  roads  or  highways  ;"  &c., 
and 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 


196 

mittee  of  the  Whole  to  said  section  to  insert  among  the  prohibitory 
clauses  as  follows  : 

"For  changing  county  boundaries,  or  locating  or  changing  countj 
seats  ;" 

Mr.  Clarke,  of  Henry,  moved  to  amend  said  amendment  by  striking 
out  the  words  "changing  county  boundaries  or  ;" 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Johnston, 

.    Clarke,  of  Henry,  Marvin, 

Clarke,  of  Johnson,  Parvin, 

Edwards,  Patterson, 

Ells,  Price, 

Gower,  Robinson, 

Hall,  Warren, 

Harris,  Young, 

Hollings worth,  Springer,  (P.)  18. 

NAYS. 

Messrs.  Clark,  of  Alamakee,  Messrs.  Peters, 

Emerson,  Scott, 

Gibson,  Seely, 

Gillaspy,  Solomon, 

Gray,  Traer, 

Palmer,  Wilson— 12. 

The   question   then   being   upon   agreeing   to   the   amendment    as 
amended, 

A  call  of  the  House  was  ordered,  and  the  following  gentlemen  an- 
swered to  their  names  : 

Messrs.  Ayers,  Messrs.  Marvin, 

Clarke,  of  Henry,  Palmer, 

Clarke,  of  Johnson,  Parvin, 

Clark,  of  Alamakee,  Patterson, 

Edwards,  Peters, 

Ells,  Price, 

Emerson,  Robinson, 

Gibson,  Scott, 

Gillaspy,  Seely, 

Gower,  Solomon, 

Gray,  Traer, 


107 

Messrs.  Hall,  Messrs.  Warren, 

Harris,  Wilson, 

Hollingsworth ,  Winchester, 

Johnston,  Young, 

Springer  [Prest.,]  31. 

On  motion,  all  further  proceedings  under  the  call  were  dispensed 
with  ;  and 

The  amendment  made  in  Committee  of  the  Whole,  as  amended,  was 
agreed  to. 

The  Thirty-fifth  Section  of  said  Report  being  under  consideration, 
as  follows : 

35.  "The  number  of  Senators  and  Representatives  shall,  at  the 
next  session  following  each  period  of  making  such  enumeration,  and 
the  next  session  following  each  United  States  Census,  be  fixed  by  law, 
and  apportioned  among  the  several  counties,  according  to  the  number 
of  white  inhabitants  in  each ;"  and 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole  to  said  section  by  striking  out  the  words  "arid 
Representatives"  near  the  beginning  thereof, 

The  same  was  agreed  to. 

The  Thirty-sixth  Section  of  said  Report  being  under  consideration, 
as  follows : 

36.  t  'The  Senate  shall  not  consist  of  more  than  fifty  members  nor  the 
House  of  Representatives  of  more  than  one  hundred  ;"  and 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole  to  said  said  section,  by  striking  out  the  words  "one 
hundred"  thereby  leaving  a  blank, 

The  same  was  disagreed  to. 

The  amendment  of  the  Committee  of  the  Whole  to  said  Report  to 
incorporate  two  new  sections  therein,  as  Sections  Thirty-seven  and 
Thirty-eight,  respectively,  being  under  consideration,  as  follows  : 

37.  The  House  of  Representatives   shall  be  based  upon  the  several 
counties  of  the  State  in  the  following  manner  ;  provided,  that  no  Rep- 
resentative district  shall  contain  more  than  four  organized  counties  and 
shall  be  entitled  to  one  Representative.     Any  district  containing  one  or 
more  counties  and  having  a  number  of  inhabitants  equal  to  one-half  the 
ratio  fixed  by  law,  shall  be  entitled  to  one  representative,  and  any  one 
county  containing  in  addition  to  the  ratio  fixed  by  law  a  fraction  of  one- 
half  that  number  shall  be  entitled  to  one  additional  representative, 
Provided,  further,  that  no  floating  district  shall  hereafter  be  formed. 


198 

88.  At  its  first  session  under  this  Constitution  and  at  every  subse- 
quent session,  the  General  Assembly  shall  proceed  to  fix  the  ratio  of 
representation  and  also  to  form  into  districts  as  above  provided  those 
counties  which  will  not  be  entitled  to  a  representative  singly  under  the 
provision  of  the  preceding  section ; 

Mr.  Parvin  moved  to  amend  said  amendment,  by  striking  out  the 
words  "under  the  constitution,  and  at  every  subsequent  session"  near 
the  beginning  of  said  proposed  section  Thirty-eight,  and  inserting  tho 
words  "after  the  taking  of  each  census  ;" 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  wai 
decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Gray, 

Clarke,  of  Henry,  Parvin, 

Clarke,  of  Johnson,  Scott, 

Ells,  Winchester, 

Gower,  Young, 

Springer,  [Prest.,] — 11. 

NATS. 

Messrs.  Clark,  of  Alamakee,          Messrs.  Palmer, 

Edwards,  Patterson, 

Emerson,  Peters, 

Gibson,        .  Price, 

Gillaspy,  Robinson, 

Hall,  Seely, 

Harris,  Solomon, 

Rollings  worth,  Traer, 

Johnston,  Warren, 

Marvin,  Wilson— 20. 

Mr.  Traer  moved  to  amend  said  amendment  by  inserting  before  th« 
word  "session"  near  the  beginning  of  said  proposed  section  Thirty- 
eight,  the  word  "regular;" 

Which  motion  was  agreed  to. 

Mr.  Clarke,  of  Henry,  moved  to  amend  said  amendment  by  striking 
out  "one-half"  where  it  occurs  in  said  proposed  section  Thirty-seven, 
and  inserting  "two-thirds ;" 

Which  motion  was  not  agreed  to. 

Upon  the  question  of  agreeing  to  the  amendment  of  the  Committee 
of  the  Whole,  as  amended, 


199 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirm- 
ative, as  follows  : 

YEAS.     • 

Ncssrs.  Ayers,  Messrs.  Johnston, 

Clarke,  of  Henry,  Marvin. 

Clarke,  of  Johnson,  Palmer, 

Clark,  of  Alamakee,  Patterson, 

Edwards,  Peters, 

Ells,  Price, 

Emerson,  Robinson, 

Gibson,  Scott, 

Gillaspy,  Seely, 

Gray,  Solomon, 

Gower,  Traer, 

Hall,  Wilson, 

Harris,  Winchester, 

Rollings  worth,  Young, 
Springer,  (Prest.,)— 29. 

NAYS. 
Mr.  Parvin,  Mr.  Warren — 2. 

The  Thirty- ninth  Section  of  said  Report  being  under  consideration, 
as  follows  : 

39.  The  annual  salary  of  the  Governor,  shall  not  exceed  twenty-five 
hundred  dollars  ;  the  Secretary  and  Auditor  of  State  fifteen  hundred 
dollars  each  ;  Judges  of  the  Supreme  Court,  twenty-five  hundred  dol- 
lars each ;  Judges  of  the  District  Court  two  thousand  dollars  each ; 
and, 

The  question  being  upon  agreeing  to  the  amendment  made  in 
Committee  of  the  Whole  to  said  section  by  substituting  therefor,  a« 
follows : 

39.  "The  Governor,  Secretary,  Treasurer,  Auditor  of  State  and 
Attorney  General,  shall,  at  stated  times,  receive  for  their  service  as 
compensation  to  be  established  by  law  which  shall  neither  be  increased 
or  diminished  during  the  period  for  which  they  shall  have  been  elected," 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  nega- 
tive as  follows : 


YEAS. 

Messrs.  Ayers,  Messrs.  Scott, 

Clarke,  of  Henry,  Seely, 


200 

Messrs.  Clark,  of  Alamakee,          Messrs.  Traer, 
Gibson,  Wilson, 

Grower,  Winchester, 

Marvin,  Young, 

Springer,  [Prest.,]  13. 

NAYS. 

Messrs.  Clarke,  of  Johnson,         Messrs.  Johnston, 

Edwards,  Palmer, 

Ells,  Parvin, 

Emerson,  Patterson, 

Gillaspy,  '  Peters, 

Gray,  Price, 

Hall,  Robinson, 

Harris,  Solomon, 

Rollings  worth,  Warren — 18. 

Mr.  Clarke,  of  Alamakee,  offered  the  following  as  an  additional  sec- 
tion to  said  Report : 

"No  special  law  changing  the  boundary  lines  of  counties  shall  have 
effect,  until  upon  being  submitted  to  the  people  of  the  counties  affected 
by  the  change,  at  a  general  election  it  shall  receive  a  majority  of 
all  the  votes  cast  in  each  county  for  and  against  it ;" 

Mr.  Peters  moved  to  amend  said  proposed  section  by  striking  out  the 
word  "majority"  and  inserting  "two-thirds  ;" 
Which  motion  was  not  agreed  to. 

Upon  the  question  of  agreeing  to  said  proposed  section,  the  yeas  and 
nays  were  demanded,  and  it  was  decided  in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Marvin, 

Clarke,  of  Henry,  Palmer, 

Clark,  of  Alamakee,  Parvin, 

Ells,  Robinson, 

Emerson,  Scott, 

Gibson,  Seely, 

Gillaspy,  Solomon, 

Gower,  Traer, 

Gray,  Wilson, 

Hollings  worth,  Young — 20. 

NAYS. 

Messrs.  Clarke,  of  Johnson,         Messrs.  Patterson, 
Edwards,  Peters, 


201 

Messrs.  Hall,  Messrs.  Price, 

Harris,  Warren, 

Johnston,  Winchester, 

Springer,  (Prest.,)  11. 

Mr.  Warren  moved  to  amend  the  Fourth  Section  of  said  Report  by 
striking  out  the  words  "and  have  been  an  inhabitant  of  this  State  one 
year  next  preceding  his  election"  near  the  middle  thereof ;  and  by 
striking  out  the  words  "thirty  days"  near  the  latter  part  thereof  and 
inserting  the  words  "one  year" — causing  said  section  to  read  as  fol- 
lows : 

4.  "No  person  shall  be  a  member  of  the  House  of  Representatives 
who  shall  not  have  attained  the  age  of  twenty- one  years,  be  a  free 
white  male  citizen  of  the  United  States,  and,  at  the  time  of  his  election 
have  an  actual  residence  of  one  year  in  the  county  or  district  he  may 
be  chosen  to  represent ;" 

Upon  the  question  of  agreeing  to  the  same,  the  yeas  and  nays  were 
demanded,  and  it  was  decided  in  the  affirmative,  as  follows : 

YEAS. 

Messrs.  Clarke,  of  Johnson,         Messrs.  Parvin, 

Edwards,  Scott, 

Gower,  Solomon, 

Gray,  Traer, 

Hall,  Warren, 

Hollingsworth,  Winchester, 

Marvin,  Young, 

Palmer,  Springer,  [P.,]  16. 

NAYS. 

Messrs.  Ayers,  Messrs.  Harris, 

Clarke,  of  Henry,  Johnston, 

Clark,  of    Alamakee,  Patterson, 

Ells,  Peters, 

Emerson,  Price, 

Gibson,  Robinson, 

Gillaspy,  Seely, 
Wilson— 15. 

On  motion  of  Mr.  Palmer, 
The  Convention  then  adjourned. 


IS* 


202 


WEDNESDAY  MORNING,  FEBRUARY  18,  1857. 

At  nine  o'clock,  A.  M.,  the  Convention  came  to  order,  the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

The  consideration  of  the  Report  of  the  Committee  on  Distribution 
of  Powers  and  Legislative  Department,  as  amended  in  Committee  of  the 
Whole,  was  then  resumed. 

Mr.  Clarke,  of  Johnson,  moved  to  amend  the  Second  Section  of  said 
Report  by  striking  out  the  words  "  biennial  and  shall"  and  inserting 
the  words  "be  annual  for  the  first  five  years  after  the  adoption  of  this 
Constitution,  and  biennially  thereafter ;"  causing  said  section  to  read 
as  follows  : 

2.  The  sessions  of  the  General  Assembly  shall  be  annual  for  the  first 
five  years  after  the  adoption  of  this  Constitution,  and  biennially  there- 
after commence  on  the  second  Monday  of  January  next  ensuing  the 
election  of  its  members  ;  unless  the  Governor  of  the  State  shall,  in  the 
interim,  convene  the  General  Assembly  by  proclamation ;" 

The  question  being  upon  agreeing  to  said  amendment, 

On  motion, 

A  call  of  the  House  was  ordered ;  and  the  following  gentlemen  an- 
swered to  their  names : 

Messrs.  Ayers,  Messrs.  Palmer, 

Clarke,  of  Henry,  Parvin, 

Clarke,  of  Johnson,  Patterson, 

Clark,  ©f  Alamakee,  Peters, 

Ells,  Price, 

Emerson,  Robinson, 

Gibson,  Scott, 

Gower,  Seely, 

Gray,  Traer, 

Hall,  Warren, 

Harris,  Wilson, 

Hollingsworth,  .  Winchester, 

Marvin,  Young, 
Springer,  [Prest.]  27. 


203 

On  motion,  Messrs  Bunker,  Day,  Todhunter,  Skiff  and  Cotton  were 
•everally  excused. 

Mr.   Young  then  moved  that  further  proceedings  under  the  call  b« 
dispensed  with ; 
Which  motion  was  agreed  to. 

Mr.  Gillaspy  moved  to  amend  said  amendment  by  striking  "five" 
out  of  the  words  to  be  inserted,  and  inserting  "three  ;" 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  wag 
decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Avers,  Messrs.  Johnston, 

Edwards,  Marvin, 

Ells,  Palmer, 

Emerson,  Patterson, 

Gillaspy,  Peters, 

Hall,  Robinson, 

Harris,  Traer, 
Winchester — 13. 

.  „     NAYS. 

Messrs.  Clarke,  of  Henry,  Messrs.  Price, 
Clarke,  of  Johnson,  Scott, 

Clark,  of  Alamakee,  Seely, 

Gibson,  Skiff, 

Gower,  Solomon, 

Gray,  Warren, 

Hollings  worth,  Wilson, 

Parvin,  Young, 

Springer,  (Prest.)  17. 

The  question  then  recurring  upon  the  amendment  offered  by  Mr. 
Clarke  of  Johnson  ; 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  neg- 
ative, as  follows : 

YEAS. 

Messrs.  Clarke,  of  Johnson,  Messrs,,  Peters; 
Ells,  Price, 

Hall,  Skiff, 

Marvin,  Winchester, 

Young,— 9. 


204 

NAYS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Clarke,  of  Henry,  Palmer, 

Clark,  of  Alamakee,  Parvin, 

Edwards,  Patterson, 

Emerson,  Robinson, 

Gibson,  Scott, 

Gillaspy,  Seely, 

Gower,  Solomon, 

Gray,  Traer, 

Harris,  Warren, 

Hollingsworth,  Wilson, 
Springer,  (Prest.)  23. 

Mr.  Clarke,  of  .Johnston,  moved  to  amend  the  Seventeenth  Section 
of  said  Report  by  striking  out  the  words  "two-thirds  of,"  and  "pre- 
sent ;"  causing  said  section  to  read,  that  a  bill,  after  having  been  re- 
turned to  the  General  Assembly  by  the  Governor,  with  his  objections, 
shall  be  passed  by  a  majority  of  the  members  of  each  House : 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Clarke,  of  Johnson,  Messrs.  Palmer, 

Edwards,  *   Price, 

Gibson,  Wilson, 

Marvin,  Young — 8. 

NAYS. 
Messrs.  Ayers,  •   Messrs.  Parvin, 

Clarke,  of  Henry,  Patterson, 

Clark,  of  Alamakee,  Peters, 

Ells,  Robinson, 

Emerson,  Scott, 

Gillaspy,  Seely, 

Gower,  Skiff, 

Gray,  Solomon, 

Hall,  Traer, 

Harris,  Warren, 

Hollingsworth,  Winchester, 

Johnston,  Springer  [P.,]  24. 

Mr.  Gillaspy  moved  to  amend  the  Fifth  Section  of  said  Report  by 
•triking  out  "twenty-five"  and  inserting  "twenty-one  ;"  causing  said 
section  to  read  as  follows  : 


205 

5.  " Senators  shall  be  chosen  for  the  term  of  four  years,  at  the  same 
time  and  place  as  Representatives  ;  they  shall  be  twenty- one  years  of 
age,  and  possess  the  qualifications  of  Representatives  as  to  residence 
and  citizenship  ;" 

Upon  the  question  of  agreeing  to  said  amendment  the  yeas  and  nays 
were  demanded,  and  it  was  decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Clarke,  of  Henry,               Messrs.  Patterson, 

Clarke,  of  Alamakee,                       Peters, 

Ells,  Scott, 

Gibson,  Seely, 

Gillaspy,  Solomon, 

Gray,  Traer, 

Harris,  Wilson, 

Johnston,  Springer  (P. )  16. 

NAYS. 

Messrs.  Ayers,  Messrs.  Palmer, 

Edwavds,  Parvin, 

Clarke,  of  Johnson,  Price, 

Emerson,  Robinson, 

Gower,  Skiff, 

Hall,  Warren, 

Hollingsworth,  Winchester, 

Marvin,  Young — 16. 

Mr.  Gower  moved  to  amend  the  Seventeenth  Section  of  said  Report 
by  striking  out  "two-thirds"  and  inserting  "seven-twelfths  ;"  * 

Which  motion  was  not  agreed  to. 

Mr.  Gibson  moved  to  amend  the  Second  Section  of  said  Report  by 
striking  out  "second"  and  inserting  "first;"  causing  the  section  to 
read,  that  the  General  Assembly  shall  met  on  the  first  Monday  of 
January ; 

Which  motion  was  not  agreed  to. 

Mr.  Gray  moved  to  reconsider  the  vote  by  which  the  amendment 
offered  by  Mr.  Warren,  yesterday  afternoon,  to  the  Fourth  Section  of 
said  Report,  was  agreed  to  ; 

Upon  this  question,  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  affirmative,  as  follows : 


206 

YEAS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Clarke,  of  Henry,  Palmer, 

Clark,  of  Alamakee,                      Patterson,  ' 

Ells,  Peters, 

Emerson,  Price, 

Gibson,  Scott, 

Gillaspy,  Seely, 

Gray,  Solomon, 

Harris,  Wilson,— 18. 

NAY8. 

X 

Messrs.  Clarke,  of  Johnson,  Messrs.  Robinson, 

Edwards,  Skiff, 

Gower,  Traer, 

Hall,  Warren, 

Hollingsworth,  Winchester, 

Marvin,  Young, 

Parvin,  Springer,  [P.]  14. 

The  question  now  being  upon  agreeing  to  the  amendment  offered  by 
Mr.  Warren  to  the  Fourth  Section  of  said  Report  by  striking  out  the 
words,  "and  have  been  an  inhabitant  of  this  State  one  year  next  pre- 
ceding his  election"  near  the  middle  thereof  ;  and,  by  striking  out  the 
words  "  thirty  days"  near  the  latter  part  thereof,  and  inserting  the 
words  "one  year  ;" 

Mr.  Winchester  moved  to  amend  the  amendment  by  striking  out  the 
words  "thirty  days"  and  inserting  "ninety  days  ;" 

A  division  of  the  question  was  called  for,  and 

Upon  the  question  of  striking  out  the  words  "thirty  days," 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  neg- 
ative, as  follows : 
i 

YEAS. 

Messrs.  Clarke,  of  Johnson,  Messrs.  Parvin, 

Edwards,  Robinson, 

Gower,  Traer, 

Hall,  Warren, 

Marvin,  Winchester, 

Palmer,  Young, 
Springer,  (Prest. , ) — 13. 


207 

NAYS. 

Messrs.  Ayers,  Messrs.  Hollings worth, 

Clarke,  of  Henry,  Johnston, 

Clarke,  of  Alamakee,  Patterson, 

Ells,  Peters, 

Emerson,  Price, 

Gibson,  Scott, 

Gillaspy,  ,  Seely, 

Gray,  Skiff, 

,  Harris,  Solomon, 
Wilson,— 19. 

The  amendment  offered  by  Mr.  Warren  was  then  disagreed  to. 

The  further  consideration  of  the  Report  was  dispensed  with,  at  pres- 
ent, and  the  same  was  laid  upon  the  table. 

Mr.  Gillaspy  offered  the  following  : 

Resolved,  That  this  Convention  meet  each  evening,  in  addition  to 
the  regular  meetings,  at  seven  o'clock,  until  adjournment  sine  die  ; 

Mr.  Hall  moved  that  said  resolution  be  laid  on  the  table  ; 
Which  motion  was  agreed  to. 

Tha  following  communications  were  laid  before  the  Convention  by  the 
President,  which  were  read  and  received  : 


IOWA  CITY,  FEBRUARY  18, 1857. 
The  Constitutional  Convention :  — 

GENTLEMEN  : 

Permit  me,  in  behalf  of  the  State 

Historical  Society  of  Iowa,  to  request  you  to  furnish  your  daguerreo- 
types to  be  preserved  in  its  Picture  Gallery, 

Yours,  respectfully, 

E.  BILLINGS  SMITH, 
Corresponding  Sec'y. 


IOWA  CITY,  FEBRUARY  18,  1857. 

To  the  Hon.  Members  of  the   Convention : 

The  undersigned  would  respectfully  request 

the  members  of  the  Convention  to  call  at  his  office  as  soon  as  circum- 
stances will  permit  and  have  their  miniatures  taken  for  the  purpose  of 


208 

lithographing  ;  also,  duplicate  copies,  to  be  placed  in  the  State  Library 
and  for  the  Historical  Association. 

Specimens  may  be  found  on  the  desk  of  Mr.  Clarke,  of  Johnson. 
Respectfully, 

J.  R.  HARTSOCK, 
Mist. 

On  motion  of  Mr.  Skiff, 

The  Convention  then  adjourned. 


WEDNESDAY  AFTERNOON. 
At  two  o'clock,  P.  M.,  the  Convention  again  met. 

The  Report  of  the  Committee  on  Distribution  of  Powers  anl  Legis- 
lative Department,  as  amended  in  Committee  of  the  Whole,  was  taken 
up,  and  the  consideration  thereof  resumed. 

Mr.  Edwards  moved  to  amend  the  Twenty-first  Section  of  said  Re- 
port, by  striking  out  the  word  "misdemeanor"  and  inserting  the  word 
"malfeasance  ;" 

Which  motion  was  not  agreed  to.    • 

Mr.  Clarke,  of  Henry,  moved  to  amend  said  section  by  adding  the 
words  "or  malfeasance"  after  the  word  "misdemeanor;" 

Which  motion  was  agreed  to. 

Mr.  Clarke,  of  Johnson,  moved  to  amend  the  Thirty-first  Section 
of  said  Report,  by  striking  out  near  the  latter  part  thereof  the  words 
"and  in  all  other  cases  where  a  general  law  is  applicable  ;"  causing  the 
concluding  part  of  said  section  to  read  as  follows ; 

"  In  all  the  cases  above  enumerated,  all  laws  shall  be  general,  and  of 
uniform  operation  throughout  the  State  ;" 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  negative,  as  follows  : 


209 


YEAS. 

Messrs.  Clarke,  of  Johnson, 
Edwards, 
Gower, 
Hall, 

Hollingsworth, 
Johnston, 

Young — 13. 

NAYS. 
Messrs.  Ayers, 

Clarke,  of  Henry, 

Clark,  of  Alamakee, 

Ells, 

Emerson, 

Gibson, 

Gillaspy, 

Gray, 

Parvin, 


Messrs.  Marvin, 
Palmer, 
Patterson, 
Solomon, 
Warren, 
Winchester, 


Messrs.  Peters. 
Price, 
Robinson, 
Scott, 
Seely, 
Skiff, 
Traer, 
Wilson, 
Springer  (P.)  18, 


Mr.  Young  moved  to  amend  the  Third  Section  of  said  Report  by 
striking  out  the  words  "except  the  years  of  the  Presidential  election, 
,  when  the  election  shall  be  on  the  Tuesday  next  after  the  first  Monday 
in  November  ;"  causing  said  section  to  read  that  members  of  the  House 
of  Representatives  shall  always  be  chosen  on  the  second  Tuesday  in 
October  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  negative,  as  follows  : 


YEAS. 

Messrs.  Ayers, 

Clarke,  of  Johnson, 

Edwards, 

Ells, 

Gower, 

Gray, 


Springer,  (Prest.,)— 13. 


Messrs.  Hollingsworth, 
Marvin, 
Scott, 
Wilson, 
Winchester, 
Young, 


14 


NAYS. 

Messrs.  Clarke,  of  Henry, 
Clark,  of  Alamakee, 

,          Emerson 
Gibson, 
Gillaspy, 


Messrs.  Parvin, 

Patterson, 
Peters, 
Price, 
Robinson, 


210 

Messrs.  Hall,  Messrs.  Seely, 

Harris,  Solomon, 

Johnston,  Skiff, 

Palmer,  Traer, 

Warren— 19. 

Mr.  Wilson  moved  to  amend  the  Thirty-sixth  Section  of  said  Report 
by  striking  out  "fifty"  and  inserting  if thirty- six,"  also,  by  striking 
out  "one  hundred"  and  inserting  "seventy-five  ;"  causing  said  section 
to  read  as  follows  : 

36.  "The  Senate  shall  not  consist  of  more  than  thirty-six  members, 
nor  the  House  of  Representatives  of  more  than  seventy-five ;" 

Upon  the  question  of  agreeing  to  the  same,  the  yeas  and  nays  were 
demanded,  and  it  was  decided  in  the  negative,  as  follows : 

YEAS. 

Messrs.  Ells,  Messrs.  Warren, 
Gibson,  Wilson, 

Gower,  Springer  [P.,]  6. 

NAYS. 

Messrs.  Ayers,  Messrs.  Palmer, 

Clarke,  of  Henry,  Parvin, 

Clarke,  of  Johnson,  Patterson, 

Clark,  of  Alamakee,  Peters, 

Edwards,  Price, 

Emerson,  Robinson, 

Gillaspy,  Scott, 

Gray,  Seely, 

Hall,  Skiff, 

Harris,  Solomon, 

Hollingsworth,  ,  Traer, 

Johnston,  Winchester, 

Marvin,  Young — 26. 

Mr.  Clarke,  of  Henry,  moved  to  strike  out  the  Thirty-ninth  Section 
of  said  Report,  as  follows  : 

39.  "The  annual  salary  of  the  Governor  shall  not  exceed  twenty- 
five  hundred  dollars  ;  Secretary,  Treasurer  and  Auditor  of  State  fifteen 
hundred  dollars  each ;  Judges  of  the  Supreme  Court,  twenty-five  hun- 
dred dollars  each ;  Judges  of  the  District  Courts,  two  thousand  dollars 
each ;" 

Upon  the  question  of  striking  out  said  section, 
The  same  was  agreed  to. 


211 

Mr.  Solomon  moved  to  amend  the  additional  section  intended  to  come 
in  as  the  Thirty- seventh,  by  inserting  near  the  middle  thereof,  the  words 
"every  county  and;"  causing  that  portion  of  said  section  to  read  as 
follows  :  "Every  county  and  any  district  containing  one  or  more  coun- 
ties and  having  a  number  of  inhabitants  equal  to  one-half  of  the  ratio 
fixed  by  law,  shall  be  entitled  to  one  Representative,"  £c.  ; 

Which  motion  was  agreed  to. 

Mr.  Traer  then  moved  that  said  Report,  with  the  amendments  made 
thereto,  be  referred  to  the  Standing  Committee  on  Revision,  Engross- 
ment and  Enrolment ; 

Which  motion  was  agreed  to. 

The  Report  of  the  Committee  on  Executive  Department  was  then 
taken  up,  and. 

On  motion, 

The  Convention  resolved  itself  into  Committee  of  the  Whole,  Mr. 
Gibson  in  the  Chair,  upon  the  consideration  of  said  Report ;  and,  after 
some  time  spent  therein,  the  committee  rose. 

The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  stated  that  they  had 
concluded  the  consideration  of  the  subject  before  them  and  reported  the 
same  back  to  the  Convention  with  sundry  amendments. 

On  motion,  said  report  was  received,  and  the  Committee  were  dis- 
charged. 

On  motion  of  Mr.  Winchester, 
The  Convention  then  adjourned. 


212 


THURSDAY  MORNING,  FEBRUARY  19,  185T. 

At  nine  o'clock,  A.  M.,  the  Convention  came  to  order,  the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

The  Convention  then  proceeded  to  the  consideration  of  the  Report  of 
the  Committee  on  Executive  Department  as  amended  in  Committee  of 
the  Whole. 

The  Second  Section  of  said  Report  being  under  consideration,  and 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole,  by  filling  the  blank  in  said  section  with  the  word 
"four,"  thereby  making  the  term  of  office  of  the  Governor  that  number 
of  years, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  nega- 
tive, as  follows : 

YEAS. 

Messrs.  Bunker,  Messrs.  Gray, 

Clarke,  of  Henry,  Hollings worth, 

v  Clarke,  of  Johnson,  Parvin, 

Edwards,  Scott, 

Gower,  Skiff, 

Winchester — 11. 

NAYS. 

Messrs.  Ayers,  Messrs.  Marvin, 

Clark,  of  Alamakee,  Palmer, 

Ells,  Patterson, 

Emerson,  Peters, 

Gibson,  Robinson, 

Gillaspy,  Seely, 

Hall,  Solomon, 

Harris,  Traer, 

Johnston,  Wilson, 
Springer,  (Prest.,)— 19. 


213 

The  amendment  made  in  Committee  of  the  Whole,  by  striking  out 
the  Third  and  Fourth  Sections  of  said  Report,  which  provide  for  the 
election  of  a  Lieutenant  Governor,  and  the  manner  of  canvassing  the 
votes  for  Governor  and  Lieutenant  Governor,  and  substituting  therefor 
as  follows : 

"The  returns  of  every  election  for  Governor  shall  be  sealed  up  and 
transmitted  to  the  seat  of  Government  directed  to  the  Speaker  of  the 
House  of  Representatives,  who  shall  during  the  first  week  of  the  session 
open  and  publish  them  in  the  presence  of  both  houses  of  the  General 
Assembly.  The  person  having  the  highest  number  of  votes  shall  be 
Governor  but  in  case  any  two  or  more  have  an  equal  and  the  highest 
number  of  votes  the  General  Assembly  shall  by  joint  vote  choose  one 
of  said  persons  so  having  an  equal  and  the  highest  number  of  votes 
for  Governor ;" 

The  same  being  under  consideration,  and 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  nega- 
tive, as  follows : 


YEAS. 

Messrs.  Ayers, 
Bunker, 

Clarke,  of  Johnston, 
Edwards, 
Gibson, 
Gill  as  py, 
Hollingsworth, 

NAYS. 


Messrs.  Johnston, 
Parvin, 
Patterson, 
Warren, 
Winchester, 
Young, 
Springer,  [P.]  14. 


Messrs. 

Clarke,  of  Henry, 

Messrs.  Palmer, 

Clark,  -of  Alamakee, 

Peters, 

Ells, 

Price, 

Emerson, 

Robinson, 

Gower, 

Scott, 

Gray, 

Seely, 

Hall, 

Skiff, 

Harris, 

Solomon, 

Marvin, 

Traer, 

Wilson—  19. 

The  Eleventh  Section  of  said  Report  being  under  consideration,  as 
follows : 


214 

11.  "He  may,  on  extraordinary  occasions,  convene  the  General  As- 
sembly by  proclamation,  and  shall  state  to  both  Houses  when  assembled, 
the  purpose  for  which  they  shall  have  been  convened;  and  when  con- 
vened they  shall  have  no  power  to  legislate  upon  any  subject  save  that 
suggested  in  the  message  of  the  Governor ;"  and, 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole  to  said  Section  by  striking  out  all  after  the  word 
"convened"  where  it  first  occurs, 

The  same  was  agreed  to. 

The  Fifteenth  Section  of  said  Report  being  under  consideration,  aa 
follows  : 

15.  The  official  term  of  the  Governor  and  Lieutenant  Governor  shall 

commence  on  the of 

and  on  the  same  day  every year  thereafter  ;" 

und, 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole  by  striking  out  said  Section, 

The  same  was  disagreed  to. 

The  Sixteenth  Section  of  said  Report  being  under  consideration, 
and 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole  to  said  section,  by  inserting  the  words  "and  the 
reasons  therefor"  after  the  words  "or  pardon  granted"  in  the  latter 
part  thereof ; 

The  same  was  agreed  to. 

The  Seventeenth  Section  of  said  Report  being  under  consideration, 
as  follows  : 

17.  "In  case  of  the  death,  impeachment,  resignation,  removal  from 
office,  or  other  disability  of  the  Governor,  the  powers  and  duties  of  the 
office  for  the  residue  of  the  term,  or  until  he  shall  be  acquitted,  or  the 
disability  removed,  shall  devolve  upon  the  Lieutenant  Governor  ;"  and, 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole  to  said  section,  by  striking  out  the  words  "Lieu- 
tenant Governor"  at  the  end  thereof,  and  inserting  as  follows  : 

"President  of  the  Senate:  and  if  the  President  of  the  Senate  for 
any  of  the  above  causes  shall  be  rendered  incapable  of  performing  the 
duties  pertaining  to  the  office  of  Governor,  the  same  shall  devolve  upon 
the  Speaker  of  the  House  of  Representatives  ;" 

The  same  was  disagreed  to. 


215 

The  Eighteenth  and  Nineteenth  Sections  of  said  Ileport  being  under 
consideration,  prescribing  the  duties  of  Lieutenant  Governor  &c.,  and, 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole,  by  striking  out  said  sections  ; 

The  same  was  disagreed  to. 

The  Twenty -second  Section  of  said  Report  being  under  considera- 
tion, as  follows : 

22.  "A  'Secretary  of  State,  Auditor  of  Public  Accounts,  Treasurer 
of  State,  Superintendent  of  Public  Instruction,  and  Attorney  Genera], 
shall  be  elected  by  the  qualified  electors,  who  shall  continue  in  office 
two  years.  The  Secretary  of  State  shall  keep  a  fair  register  of  all 
the  official  acts  of  the  Governor  and  shall  when  required  lay  the  same, 
together  with  all  papers,  minutes  and  vouchers  relative  thereto  before, 
dither  branch  of  the  General  Assembly  and  shall  perform  such  other 
euties  as  shall  be  assigned  him  by  law :"  and 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole  by  striking  out  the  words  "Superintendent  of  Pub- 
lic instruction  and  Attorney  General"  near  the  beginning  thereof ;  also 
all  after  the  word  "years"  where  it  occurs,  and  inserting  the  words, 
"and  perform  such  duties  as  may  be  required  by  law ;''  and, 

A  division  of  the  question  being  called  for, 

Upon  the  question  of  agreeing  to  the  amendment  made  in  Committee 
of  the  Whole,  by  striking  out  the  words  "Superintendent  of  Public 
Instruction," 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirm- 
ative, as  follows : 


YEAS. 

Messrs.  Ayers, 

Messrs.  Johnston, 

Clarke,  of  Henry, 

Marvin, 

Clarke,  of  Johnson, 

Palmer, 

Clark,  of  Alamakee, 

Patterson, 

Edwards, 

Price, 

Ells, 

Robinson, 

Emerson, 

Scott, 

Gibson, 

Solomon, 

Gillaspy, 

Traer, 

Gower, 

Warren, 

Hall, 

Wilson, 

Harris, 

Young, 

Springer,  (Prest. 

0-25. 

216 

NAYS. 

Messrs.  Bunker,  Messrs.  Parvin, 

Gray,  Seely, 

Rollings  worth,  Skiff, 

Winchester — 7. 

Upon  the  question  o£  agreeing  to  the  remainder  of  the  amendment 
made  in  Committee  of  the  Whole, 
The  same  was  agreed  to. 

The  Twenty- third  Section  of  said  Report  being  under  consideration, 


The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole,  by  striking  out  said  section, 
The  same  was  agreed  to. 

The  consideration  of  the  amendments  made  in  Committee  of  the 
Whole  having  been  concluded, 

Mr.  Harris  moved  to  fill  the  blank  in  the  Second  Section  of  said 
Report  with  the  word  "two  ;"  thereby  making  the  term  of  office  of  the 
Governor  two  years : 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Palmer, 
Clark,  of  Alamakee,  Parvin, 

Ells,  Patterson, 

Emerson,  Price, 

Gibson,  Robinson, 

Gillaspy,  Scott, 

Gray,  *  Seely, 

Hall,  Skiff, 

Harris,  Solomon, 

Johnston,  Traer, 

Marvin,  Wilson, 

Springer,  [Prest.]  23. 

NAYS. 

Messrs.  Bunker,  Messrs.  Gower, 

Clarke,  of  Henry,  Hollingsworth, 

Clarke,  of  Johnson,  Warren, 

Edwards,  Winchester, 

Young — 9. 


217 


Mr.  Traer  moved  to  fill  the  blank  in  the  Third  Section  with  the  word 
-'two,"  thereby  making  the  term  of  office  of  the  Lieutenant  Governor 
two  years  ; 

Which  motion  was  agreed  to. 

Mr.  Gillaspy  moved  to  strike  out  " thirty"  and  insert  "twenty- one" 
in  the  Sixth  Section  of  said  Report,  thereby  making  said  section  read 
as  follows : 

6.  No  person  shall  be  eligible  to  the  office  of  Governor  or  Lieutenant 
Governor  who  shall  not  have  been  a  citizen  of  the  United  States  and  a 
resident  of  the  State  two  years  next  preceeding  the  election,  and  at- 
tained the  age  of  twenty- one  years  at  the  time  of  said  election  ;" 

Upon  the  question  of  agreeing  to  said  motion, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  nega- 
tive, as  follows  : 


YEAS. 

Messrs.  Clarke,  of  Henry, 
Clark,  of  Alarnakee, 
Ells, 
Gibson, 
Gillaspy, 
Harris, 
Johnston, 

Wilson— 15. 

NAYS. 

Messrs.  Ayers, 
Bunker, 

Clarke,  of  Johnson, 
Edwards, 
Emerson, 
Gower, 
Gray, 
Hall, 
Hollings  worth, 


Messrs.  Palmer, 
Peters, 
Price, 
Scott, 
Seely, 
Solomon, 
Traer, 


Mestrs.  Marvin, 
Parvin, 
Patterson, 
Robinson, 
Skiff, 
Warren, 
Winchester, 
Young, 
Springer,  [P.]  18. 


Mr.  Clarke,  of  Henry,  moved  to  fill  the  blanks  and  otherwise  amend 
the  Fifteenth  Section  so  as  to  make  said  section  read  as  follows  : 

15.  The  official  term  of  the  Governor  and  Lieutenant  Governor  shall 
commence  on  the  second  Monday  of  January  next  after  their  election, 
and  continue  for  two  years,  and  until  their  successors  are  elected  and 
qualified.  The  Lieutenant  Governor,  while  acting  as  Governor,  shall 
receive  the  same  pay  as  provided  for  Governor,  and  while  presiding  in 
14* 


218 

the  Senate,  shall  receive  as  compensation  therefor,  the  same  mileage 
and  double  the  per  diem  pay  provided  for  a  Senator,  and  none  other  ; 

Upon  the  question  of  agreeing  to  said  motion  the  yeas  and  nays  were 
demanded,  and  it  was  decided  in  the  affirmative,  as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Palmer, 

Clarke,  of  Henry,  Parvin, 

Clark,  of    Alamakee,  Patterson, 

Ells,  Peters, 

Emerson,  Price, 

Gower,  Robinson, 

Gray,  Seely, 

Hall,  Skiff, 

Harris,  Traer, 

Marvin,  Wilson, 
Springer,  (Prest.,) — 21. 

NAYS. 

Messrs.  Bunker,  Messrs.  Johnston, 

Clarke,  of  Johnson,  Scott, 

Edwards,  Solomon, 

Gibson,  Warren, 

Gillaspy,  Winchester, 

Hollingsworth,  Young — 12. 

Mr.  Palmer  moved  that  the  Report,  with  the  amendments  made  there- 
to, be  referred  to  the  Standing  Committee  on  Revision,  Engrossment 
and  Enrolment ; 

Which  motion  was  agreed  to. 

The  Convention  then  resolved  itself  into  Committee  of  the  Whole, 
Mr.  Parvin  in  the  Chair,  upon  the  consideration  of  the  Report  of  the 
Committee  on  Education  and  School  Lands ;  and,  after  a  short  time 
spent  therein,  the  Committee  rose. 

The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  reported,  that  they 
had  made  some  progress  in  the  consideration  of  the  subject  before  them, 
and  the  Committee  asked  and  obtained  leave  to  sit  again. 

The  Convention  then  proceeded  to  the  consideration  of  the  Report 
of  the  Committee  on  Amendments  to  the  Constitution. 

The  Majority  and  Minority  Reports  of  said  Committee  having  been 
read,  respectively, 


219 

Mr.  Winchester  moved  to  substitute  the  Tenth  Article  of  the  present 
Constitution  for  the  Majority  Report ; 

Pending  the  consideration  of  this  question, 
On  motion  of  Mr.  Young, 
The  Convention  adjourned. 


THURSDAY  AFTERNOON. 

At  two  o'clock,  P.  M.,  the  Convention  again  met. 

The  Convention  proceeded  to  the  unfinished  business  of  the  morning, 
being  the  consideration  of  the  Report  of  the  Committee  on  Amend- 
ments to  the  Constitution. 

On  motion, 

The  Convention  resolved  itself  into  Committee  of  the  Whole,  Mr. 
Young  in  the  Chair,  upon  the  consideration  of  said  Report ;  and,  after 
some  time  spent  therein,  the  Committee  rose. 

The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  stated  that  they  had 
concluded  the  consideration  of  the  subject  before  them,  and  reported  the 
same  back  to  the  Convention  with  amendments  ; 

On  motion,  the  report  was  received  and  the  Committee  discharged. 

Mr.  Winchester  offered  the  following  resolution  : 

Resolved ',  That  all  Standing  and  Special  Committees,  except  the 
Committee  on  Revision,  who  have  not  reported,  be  requested  to  do  so 
on  or  before  Monday  next ; 

Mr.  Clark,  of  Alamakee,  moved  that  said  resolution  be  laid  on  the 
table ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  negative,  as  follows  : 


220 


YEAS. 

Messrs.  Bunker, 

Clarke,  of  Henry, 

Clark,  of  Alamakee, 

Edwards, 

Ells, 

Gray, 

Hollingsworth, 

NAYS. 

Messrs.  Ayers, 

Clarke,  of  Johnson, 

Day, 

Emerson, 

Gibson, 

Gillaspy, 

Gower, 

Hall, 

Harris, 

Johnston, 


Messrs.  Palmer,  • 
Patterson, 
Robinson, 
Seely, 
Wilson, 
Young. 
Springer,  (P.)  14. 


Messrs.  Marvin, 
Parvin, 
Peters, 
Price, 
Scott, 
Skiff, 
Solomon, 
Traer, 
Warren, 
,   Winchester— 20. 


Mr.  Edwards  moved  that  said  resolution  be  so  amended  as  to  except 
the  Committee  on  Schedule  from  its  operation ; 
Which  motion  was  agreed  to. 

Mr.  Scott  moved  that  the  Convention  do  now  adjourn  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Clarke,  of  Henry,  Messrs.  Hollingsworth, 

Clark,  of  Alamakee,  Scott, 

Edwards,  Seely, 

Gower,  Skiff, 

Gray,  Traer, 

Springer,  [Prest.J — 11. 


NAYS. 

Messrs.  Ayers, 
Bunker, 

Clarke,  of  Johnson, 
Bay, 
Ells, 
Emerson, 


Messrs.  Marvin, 
Palmer, 
Parvin, 
Patterson, 
Peters, 
Price, 


221 

Messrs.'  Gibson,  Messrs.  Robinson, 
Gillaspy,  Solomon, 

Hall,  Warren, 

Harris,  Wilson, 

Johnston,  Winchester, 

Young— 23. 

Mr.  Johnston  moved  to  strike  out  the  word  "requested"  and  insert 
the  word  "required"  in  said  resolution  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and   it  was 
decided  in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Avers,  Messrs.  Patterson, 

Clarke,  of  Johnson,  Peters, 

Day,  Price, 

Edwards,  Robinson, 

Emerson,  Seely, 

Gibson,  '  Skiff, 

Gillaspy,  Solomon, 

Gower,  Traer,      . 

Hall,  Warren, 

Harris,  Winchester, 

Johnston,  Young, 
Springer,  [Prest.,] — 23. 

NAYS. 

Messrs.  Bunker,  Messrs.  Rollings  worth, 

Clarke,  of  Henry,  Marvin, 

Clark,  of  Alamakee,  Palmer, 

Ells,  Parvin, 

Gray,  Scott, 
Wilson— 11. 

Mr.  Clark,  of  Alamakee,  moved  to  strike  out  the  word  "Monday" 
in  said  resolution ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Clarke,  of  Henry,  Messrs.  Marvin, 

Clark,  of  Alamakee,  Palmer, 

Ells,  Scott, 

Gray,  Seely, 

Hollingsworth,  .   Wilson, 
Springer,  (Prest.,)  11. 


222 


NAYS. 

Messrs.  Ayers, 
Bunker, 

Clarke,  of  Johnson, 
Day, 
Edwards, 
Emerson, 
Gibson, 
Gillaspy, 
Gower, 
Hall, 
Harris, 

Young— 23. 


Messrs.  Johnston, 
Parvin, 
Patterson, 
Peters, 
Price, 
Robinson, 
Skiff, 
Solomon, 
Traer, 
Warren, 
Winchester, 


Mr.  Clarke,  of  Henry,  moved  that  said  resolution  be  so  amended  as 
to  exempt  from  the  operation  thereof,  the  Special  Committees  on  the 
Bill  of  Rights  and  the  Right  of  Suffrage  respectively  ; 

Upon  this  question  the  yeas  and  naya  were  demanded  and  it  was  de- 
cided in  the  negative,  as  follows  : 

YEAS. 
Messrs.  Bunker, 

Clarke,  of  Henry, 
Clark,  of  Alamakee, 
Ells, 
Gower, 

Traer—  11. 


Messrs.  Gray, 

Hollingsworth, 
Marvin, 
Parvin, 
Seely, 


NAYS. 
Messrs.  Ayers, 

Clarke,  of  Johnson, 

Day, 

Edwards, 

Emerson, 

Gibson, 

Gillaspy, 

Hall, 

Harris, 

Johnston,  '  v 

Palmer, 

Springer,  [Prest.,]  23. 

The  Previous  Question  having  been  demanded, 

Upon  the  question, 

Shall  the  main  question  be  now  put  ? 

It  was  decided  in  the  affirmative. 


Messrs.  Patterson, 
Peters, 
Price, 
Robinson, 
Scott, 
Skiff, 
Solomon, 
Warren, 
Wilson, 
Winchester, 
Young, 


223 

The  question  now  being  upon  the  adoption  of  the  resolution  as  amend- 
ed, as  follows : 

Resolved,  That  all  Standing  and  Special  Committees,  except  the 
Committees  on  Revision  and  Schedule,  who  have  notreported,  be  requir- 
ed to  do  so  on  or  before  Monday  next ;  and, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirma- 
tive, as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Palmer,  ' 

Clarke,  of  Johnson,  Patterson, 

Day,  Peters, 

Edwards,  Price, 

Emerson,  Robinson, 

Gibson,  Skiff, 

Gillaspy,  Solomon, 

Gower,  Warren, 

Hall,  Winchester, 

Harris,  Young, 

Johnston,  Springer  (P.)  22. 

NAYS. 

Messrs.  Bunker,  Messrs.  Marvin, 
Clarke,  of  Henry,  Parvin, 

Clark,  of  Alamakee,  Scott, 

Ells,  Seely, 

Gray,  Traer, 

Rollings  worth,  Wilson — 12. 

The  President  then  announced  that  an  invitation  had  been  tendered 
to  the  members  of  the  Convention,  by  F.  W.  Ballard,  Chairman  of  the 
Lecture  Committee  of  the  Citizens  Library  Association,  to  attend  a 
lecture  this  evening,  at  the  Baptist  Church,  at  half  past  seven  o'clock. 

On  motion  of  Mr.  Clark,  of  Alamakee, 
The  Convention  then  adjourned. 


224 


FRIDAY  MORNING,  FEBRUARY  20,  1857. 

At  nine  o'clock,  A.  M.,  the  Convention  came  to  order,  the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

Mr.  Clarke,  of  Johnson,  from  the  Committee  on  Judicial  Depart- 
ment, to  whom  was  referred  for  revision  &c. ,  the  Substitute  for  the  Ma- 
jority Report  of  said  committee,  adopted  in  Committee  of  the  Whole, 
and  the  amendments  made  thereto  in  Convention,  made  the  following 

REPORT. 

The  Committee  on  the  Judiciary  to  whom  was  referred  the  Article 
on  the  Judiciary  Department  as  adopted  by  the  Convention,  with  in- 
structions to  revise  the  same  and  to  inquire  into  the  expediency  of  in- 
creasing the  number  of  Judicial  Districts  from  ten  to  thirteen,  &c.,  beg 
leave  to  report : 

That  after  due  consideration  of  the  subjects  referred  to  them,  the 
Committee  recommend  that  the  number  of  Judicial  Districts  be  increas- 
ed from  ten  to  eleven  ;  and  that  the  General  Assembly  have  power  to 
reorganize  the  Judicial  Districts  and  increase  or  diminish  the  number 
of  Judges  of  the  District  Court,  and  increase  the  number  of  Judges  of 
the  Supreme  Court,  every  four  years,  instead  of  five  years,  as  provided 
in  Section  Ten  of  the  Article,  so  that  the  power  to  make  the  contem- 
plated changes  in  the  Districts  or  Judges,  may  be  exercised  at  the  end 
of  the  terms  of  the  Judges. 

All  of  which  is  respectfully  submitted. 

W.  PENN  CLARKE, 

Chairman. 

ARTICLE -. 


SECTION  1.  The  judicial  power  shall  be>  vested  in  a  Supreme  Court, 
District  Courts,  and  such  other  Courts  interior  to  the  Supreme  Court, 
as  the  General  Assembly  may,  from  time  to  time,  establish. 

SEC.  2.  The  Supreme  Court  shall  consist  of  three  Judges,  two  of 
whom  shall  constitute  a  quorum  to  hold  Court. 


225 

SEC.  3.  The  Judges  of  the  Supreme  Court  shall  be  elected  by  the 
qualified  voters  of  the  State,  and  shall  hold  their  Court  at  such  time 
and  place  as  the  General  Assembly  may  prescribe.  The  Supreme 
Judges  so  elected,  shall  be  classified  so  that  one  Judge  shall  go  out  of 
office  every  two  years  ;  and  the  Judge  holding  the  shortest  term  of  of- 
fice under  such  classification,  shall  be  Chief  Justice  of  the  Court  during 
his  term,  and  so  on  in  rotation.  After  the  expiration  of  their  terms  of 
office  under  such  classification,  the  term  of  each  Judge  of  the  Supreme 
Court,  shall  be  six  years,  and  until  his  successor  is  elected  and  qualified. 
The  Judges  of  the  Supreme  Court  shall  be  ineligible  to  any  other  office 
in  the  State,  during  the  term  for  which  they  are  elected. 

SBC.  4.  The  Supreme  Court  shall  have  appellate  jurisdiction  only 
in  all  cases  in  chancery,  and  shall  constitute  a  court  for  the  correction 
of  errors  at  law,  under  such  restrictions  as  the  General  Assembly  may, 
by  law,  prescribe  ;  and  shall  have  power  to  issue  all  writs  and  process 
necessary  to  secure  justice  to  parties,  and  exercise  a  supervisory  con- 
trol over  all  inferior  judicial  tribunals  throughout  the  State* 

SBC.  5.  The  District  Court  shall  consist  of  a  single  Judge,  who  shall 
be  elected  by  the  qualified  voters  of  the  District  in  which  he  resides. 
The  Judge  of  the  District  Court  shall  hold  his  office  for  the  term  of  four 
years,  and  until  his  successor  is  elected  and  qualified ;  and  shall  be  in- 
eligible to  any  other  office,  except  that  of  Supreme  Judge,  during  the 
term  for  which  he  was  elected. 

SEC.  6.  The  District  Court  shall  be  a  court  o(f  law  and  equity,  which 
shall  be  distinct  and  separate  jurisdictions,  and  have  jurisdiction  in  civil 
and  criminal  matters  arising  in  their  respective  districts  in  such  manner 
as  shall  be  prescribed  by  law. 

SEC.  7.  The  Judges  of  the  Supreme  and  District  Courts  shall  be  con- 
servators of  peace  throughout  the  State. 

SEC.  8.  The  style  of  all  process  shall  be  uThe  State  of  Iowa,"  and 
all  prosecutions  shall  be  conducted  in  the  name  and  by  the  authority  of 
the  same. 

SEC.  9.  The  salary  of  each  Judge  of  the  Supreme  Court,  shall  be 
o  thousand  dollars  per  annum,  and  that  of  each  District  Judge  six- 
m  hundred  dollars  per  annum,  until  the  year  1860  ;  after  which  time, 
ley  shall  severally  receive  such  compensation  as  the  General  Assembly 
lay,  by  law,  prescribe,  which  compensation  shall  not  be  increased  or 
liminished  during  the  term  for  which  they  were  elected. 

SEC.  10.  The  State  shall  be  divided  into District  Court 

listricts  ;  and  after  the  year  1860,  the  General  Assembly  may  re-or- 
janize  the  judicial  districts,  and  increase  or  diminish  the  number  of 
15  * 


226 

districts  or  the  number  of  Judges  of  the  said  court,  and  may  increase 
the  number  of  Judges  of  the  Supreme  Court,  but  such  increase  or  dim- 
inution shall  not  be  more  than  one  district,  or  one  Judge  of  either  court, 
at  a  time,  and  no  re- organization  of  the  districts,  or  diminution  of  the 
Judges  shall  have  effect  of  removing  a  Judge  from  office.  Such  re- 
organization of  the  districts  or  increase  or  diminution  of  the  Judges, 

shall  take  place  every years  thereafter,  if  necessary,  and  at 

no  other  time. 

SEC.  11.  The  Judges  of  the  Supreme  and  District  Courts  shall  be 
chosen  at  the  general  election  ;  and  the  term  of  office  of  each  Judge 
shall  commence  on  the  first  day  of  January  next  after  his  election. 

SEC.  12.  The  General  Assembly  shall  provide  by  law,  for  the  election 
of  an  Attorney  General  by  the  people,  whose  term  of  office  shall  be  two 
years,  and  until  his  successor  is  elected  and  qualified. 

SEC.  13.  The  qualified  electors  of  each  judicial  district  shall,  at  the 
time  of  the  election  of  District  Judge,  elect  a  District  Attorney,  who 
shall  be  a  resident  of  the  district  for  which  he  is  elected,  and  who  shall 
hold  his  office  for  the  term  of  four  years,  and  until  his  successor  is 
elected  and  qualified. 

SEC.  14.  It  shall  be  the  duty  of  the  General  Assembly  to  provide  for 
the  carrying  into  effect  of  this  article,  and  to  provide  for  a  general  sys- 
tem of  practice  in  all  the  courts  of  this  State. 

Said  report  having  been  read,  the  same  was  ordered  to  lie  on  the 
table. 

Mr.  Skiff  from  the  Committee  on  Militia  made  the  following 

REPORT. 

The  Committee  to  whom  was  referred  that  portion  of  the  Constitu- 
tion relating  to  the  "Militia"  have  had  the  same  under  consideration  and 
have  unanimously  instructed  me  to  report  the  same  back  without  amend- 
ment and  recommend  its  adoption  by  this  Convention. 
Respectfully  submitted, 

H.  J.  SKIFF, 

Chairman. 

Said  report  having  been  read,  the  same  was  ordered  to  lie  on  the 
table. 

On  motion  of  Mr.  Young, 

Mr.  Todhunter  was  excused  from  serving  on  the  Standing  Committee 
on  Schedule,  and 


227 


The  President  appointed  Mr.  Wilson  in  his  stead. 

On  motion  of  Mr.  Clarke,  of  Johnson,  the  Article  on  Judicial  De- 
partment, as  reported  by  the  Committee  this  morning,  was  then  taken 
up  for  consideration: 

Mr.  Clarke,  of  Johnson,  then  moved  to  fill  the  first  blank  in  the 
Tenth  Section  thereof  with  the  word  "eleven  ;" 

Mr.  Clark,  of  Alamakee,  moved  to  fill  said  blank  with  the  word 
"twelve  ;" 

Upon  the  question  of  agreeing  to  the  motion  of  filling  said  blank 
with  the  word  "twelve;" 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  neg- 
ative, as  follows : 


YEAS. 

Messrs.  Clarke,  of  Henry, 

Clark,  of  Alamakee, 

Gillaspy, 

Gray, 

Harris, 

Johnston, 

Palmer,, 

NAYS. 

Messrs.  Ayers,. 
Bunker, 

Clarke,  of  Johnson, 
Day, 
Edwards, 
JElls, 

Emerson, 
,          Gibson, 
Gower, 
Hall, 


Messrs.  Peters, 
Price, 
Scott, 
Seely, 
Skiff, 
Solomon, 
Traer— 14. 


Messrs.  Hollingsworth, 
Marvin, 
Parvin, 
Patterson, 
Robinson, 
Warren, 
Wilson, 
Winchester, 
Young, 
Springer,  [P.]  20. 


Upon  the  question  of  agreeing  to  the  motion  of  filling  said  blank 
with  the  word  "eleven," 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirm- 
ative, as  follows  : 


YEAS, 


Messrs.  Ayers, 
Bunker, 


Messrs.  Marvin, 
Palmer, 


228 

Messrs.  Clarke,  of  Henry,  Messrs.  Parvin, 

Clarke,  of  Johnson,  Patterson, 

Day,  Peters, 

Edwards,  Kobinson, 

Ells,  Scott, 

Emerson,  Seely, 

Gillaspy,  Skiff, 

Gower,  Solomon, 

Gray,  Traer, 

Hall,  Warren, 

Harris,  Wilson, 

Hollingsworth,  Winchester, 

Johnston,  Young, 
Springer,  (Prest. , ) — 31 . 

NAYS. 

Messrs.  Clark,  of  Alamakee,  Messrs.  Gibson, 
Price— 3. 

Mr.  Clarke,  of  Johnson,  moved  to  fill  the  second  blank  in  said  sec- 
tion with  the  word  "four  ;" 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Hollingsworth, 

Bunker,  Johnston,     . 

Clarke,  of  Johnson,  Parvin, 

Day,  Patterson, 

Edwards,  Robinson, 

Ells,  Seely, 

Emerson,  Skiff, 

Gibson,  Solomon, 

Gillaspy,  Warren, 

Gower,  Wilson, 

Gray,  Winchester, 

Hall,  Young, 
Springer,  (Prest.,) — 25. 

NAYS. 

Messrs.  Clarke,  of  Henry,  Messrs.  Palmer, 

Clark,  of  Alamakee,  Peters, 

Harris,  Price, 

Marvin,  Scott — 8. 


229 

Mr.  Clarke,  of  Johnson,  also  moved  to  strike  out  the  word   "time" 
near  the  middle  of  said  section  and  insert  the  word  " session ;" 
Which  motion  was  agreed  to. 

Mr.  Seely  moved  to  insert  immediately  after  the  word  "Districts" 
where  it  last  occurs  in  said  section,  the  words  "or  any  change  in  the 
boundaries  thereof  ;" 

Which  motion  was  agreed  to. 

On  .motion,  of  Mr.  Winchester, 

Said  Article,  as  amended,  was  ordered  to  be  engrossed,  and  to  have 
a  third  reading. 

The  Convention  then  proceeded  to  the  consideration  of  the  Report 
of  the  Committee  on  Amendments  to  the  Constitution,  as  amended  in 
Committee  of  the  Whole,  the  same  being  upon  its  second  reading : 

Upon  the  question  of  agreeing  to  the  amendment  made  in  Committee 
of  the  Whole  to  the  Second  Section  of  said  Report,  by  striking  out 
the  words  "sixty-seven"  and  inserting  the  word  "seventy"  near  the 
beginning  of  said  section, 

The  same  was  agreed  to. 

Upon  the  question  of  agreeing  to  the  amendment  made  in  Committee 
of  the  Whole  to  said  Report,  by  adding  a  new  section,  to  come  in  as 
the  Second  Section,  as  follows : 

SEC.  2.  If  two  or  more  amendments  shall  be  submitted  at  the  same 
time,  they  shall  be  submitted  in  such  manner  that  the  electors  shall  vote 
for  or  against  each  of  such  amendments  separately, 

The  same  was  agreed  to. 

Mr.  Clarke,  of  Johnson,  offered  the  following  as  a  Substitute  for 
the  First  Section  of  said  Report : 

SEC.  1.  Any  amendment  or  amendments  to  this  Constitution  may  be 
proposed  in  either  House  of  the  General  Assembly,  and  if  the  same 
shall  be  agreed  to  by  a  majority  of  the  members  elected  to  each 
of  the  two  Houses,  such  proposed  amendment  shall  be  entered  on  their 
journals,  with  the  yeas  and  nays  taken  thereon,  and  shall  be  published 
as  provided  by  law,  for  three  months  ;  after  which,  such  proposed 
amendments  shall  be  submitted  to  a  vote  of  the  people  at  a  general 
election  ;  and  if  the  people  shall  approve  of  and  ratify  such  amend- 
ment or  amendments,  by  a  majority  of  the  electors  qualified  to  vote  for 
members  of  the  General  Assembly,  voting  thereon  separately,  such 
amendment  or  amendments  shall  become  a  part  of  the  Constitution  of 
this  State  ; 


230 

Upon  the  question  of  agreeing  to  the  same,  the  yeas  and  nays  were 
demanded,  and  it  was  decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Clarke,  of  Henry,  Messrs.  Hollingsworth, 
Clarke,  of  Johnson,  Johnston, 

Edwards,  Marvin, 

Grower,  Scott, 

Gray,  Winchester, 

Hall,  Springer,  [P.,]  1%. 

NAYS. 

Messrs.  Ayers,  Messrs.  Patterson, 

Bunker,  Peters, 

Clark,  of  Alamakee,  Price, 

Day,  Robinson, 

Ells,  Seely, 

Emerson,  Skiff, 

Gibson,  Solomon, 

Gillaspy,  Trae'r, 

Harris,  Warren, 

Palmer,  Wilson, 

Parvin,  Young — 22. 

Mr.  Traer  moved  to  amend  the  Second  Section  of  said  Report,  by 
etriking  out  all  after  the  word  "purpose"  near  the  latter  part  thereof 
and  inserting  as  follows  :  "the  qualified  electors  of  the  State  shall  pro- 
ceed at  the  next  General  Election  to  choose  delegates  to  said  Convention 
upon  the  basis  provided  for  the  State  Senate  ;  and  said  Convention 
when  assembled  shall  have  full  power  to  revise  and  amend  the  Consti- 
tution and  to  do  all  things  necessary  to  carry  out  the  object  for  which 
they  were  convened:  said  delegates  shall  receive  a  compensation  per 
diem  the  same  as  that  allowed  the  members  of  the  General  Assembly ;" 
and, 

The  question  being  upon  agreeing  to  said  amendment,  the  yeas  and 
r.ays  were  demanded,  and  it  was  decided  in  the  negative,  as  follows : 

YEAS. 

Messrs.  Clarke,  of  Johnson,          Messrs.  Seely, 

Clark,  of  Alamakee,  Solomon, 

Harris,  Traer, 

Johnston,  Warren, 

Springer,  [Prest.]  9. 


231 


Messrs.  Ayers,  Messrs.  Hollingsworth, 

Bunker,  Marvin, 

Clarke,  of  Henry,  Palmer., 

Day,  t  Parvin, 

Edwards,  Patterson, 

Ells,  Peters, 

Emerson,  Price, 

Gibson,  Robinson, 

Gillaspy,  Scott, 

Gower,  Skiff, 

Gray,  Wilson, 

Hall,      •  Winchester, 
Young, — 25. 

Mr.  Palmer  offered  the  following  as  a  Substitute  for  the  Second  Sec- 
tion of  said  Report : 

SEC.  2.  If  at  anytime  the  General  Assembly  shall  think  it  necessary 
to  call  a  Convention  to  revise  or  amend  this  Constitution,  they  shall  pro- 
vide by  law  for  a  vote  of  the  people,  on  that  question,  at  the  next  en- 
suing election,  for  members  of  the  General  Assembly  ;  and  in  case  a 
majority  of  the  people  voting  on  the  question,  vote  in  favor  of  a  Con- 
vention, said  General  Assembly  shall  provide  for  an  election  of  dele- 
gates to  a  Convention  to  be  held  within  twelve  months  after  the  vote  of 
the  people  in  favor  thereof  ;" 

Upon  the  question  of  agreeing  to  said  Substitute  the  yeas  and  nays 
were  demanded,  and  it  was  decided  in  the  negative,  as  follows : 

YEAS. 

Messrs.  Clarke,  of  Johnson,  Messrs.  Johnston, 

Day,  Palmer, 

Edwards,  Patterson, 

Gibson,  Peters, 

Gillaspy,  Price, 

Gower,  Robinson, 

Hall,  Scott, 

Harris,  Winchester — 16. 

NAYS. 

Messrs.  Ayers,  Messrs.  Parvin, 
Bunker,  Seely, 

Clarke,  of  Henry,  Skiff, 

Clark,  of    Alamakee,  Solomon, 

Ells,  '      Traer, 


232 

Messrs.  Emerson,  Messrs.  Warren, 
Gray,  Wilson, 

Holl'ingsworth,  Young, 

Marvin,  Springer,  [P.]  18, 

On  motion  of  Mr.  Traer, 

Said  Report,  as  amended,  was  ordered  to  be  engrossed,  and  to  have 
a  third  reading. 

The  Rule  having  been  suspended,  requiring  their  reading  on  the  dif- 
ferent days, 

On  motion, 

The  Report  of  the  Committee  on  Militia  was  then  taken  up  for  con- 
sideration, being  Article  Sixth  of  the  present  Constitution,  and  the  same 
being  upon  its  second  reading. 

The  First  'Section  of  said  Article  being  under  consideration,  as  fol- 
lows : 

1.  "The  militia  of  this  State  shall  be  composed  of  all  able-bodied 
white  male  citizens  between  the  ages  of  eighteen  and  forty- five  years, 
except  such  as  are  or  may  hereafter  be  exempt  by  the  laws  of  the  United 
States,  or  of  this  State,  and  shall  be  armed,  equipped,  and  trained,  as 
the  General  Assembly  may  provide  by  law  ;'" 

Mr.  Traer,  moved  to  strike  out  the  word  "eighteen"  in  said  section 
and  insert  the  words  "twenty- one  ;" 
Which  motion  was  disagreed  to. 

Mr.  Scott  moved  to  strike  out  the  word  "white"  in  said  Section; 
Which  motion  was  disagreed  to. 

On  motion  of  Mr.  Traer, 

Said  Article  was  ordered  to  be  engrossed  and  to  have  a  third 
reading. 

On  motion  of  Mr.  Skiff, 

The  Convention  then  adjourned. 


233 


FRIDAY  AFTERNOON. 

At  two  o'clock,  P.  M.,  the  Convention  again  met. 
Mr.  Edwards  offered  the  following  resolution  : 

Resolved,  That  the  Committee  on  Judicial  Department  be  instructed 
to  provide  in  that  Article  of  the  Constitution,  for  the  creation  of  a 
Court  of  Common  Pleas,  and  to  report  by  Monday  next ;" 

Mr.  Gillaspy  moved  to  amend  said  resolution  by  adding  thereto  as 
follows : 

44 And  to  provide  that  no  person  shall  be  elected  District  Judge  who 
has  not  attained  the  age  of  fifty  years,  nor  Supreme  Judge  who  has 
not  attained  the  age  of  seventy-five  years  ;" 

The  question  being  upon  agreeing  to  the  amendment  to  the  reso- 
lution, 

The  same  was  disagreed  to. 

Upon  the  question  of  agreeing  to  the  resolution,  the  yeas  and  nays 
were  demanded,  and  it  was  decided  in  the  negative,  as  follows  : 


YEAS. 


Messrs.  Edwards, 
Emerson, 
Hall, 
Marvin, 


NAYS. 


Messrs.  Ayers, 
Bunker, 

Clarke,  of  Henry, 
Clarke,  of  Johnson, 
Clark,  of  Alamakee, 
Day, 
Ells, 
Gibson, 
Gillaspy, 
Gower, 
Gray, 
15* 


Messrs.  Patterson, 
Peters, 
Robinson, 
Scott— 8. 


Messrs.  Johnston, 
Palmer, 
Parvin, 
Price, 
Seely, 
Skiff, 
Solomon, 
Traer, 
Warren, 
Wilson, 
Winchester, 


234 

Messrs.  Harris,  Messrs.  Young, 

Hollingsworth,  Springer,  (P.,)  26. 

On  motion  of  Mr.  Palmer, 
The  Convention  then  adjourned. 


SATURDAY  MORNING,  FEBRUARY  21,  1857. 

At  nine  o'clock,  A.  M.,  the  Convention  came  to  order,  the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

Mr.  Palmer  offered  the  following  resolution : 

Resolved,  That  the  Committee  on  the  Legislative  Department  be  in- 
structed to  report  an  additional  section  to  said  Department,  providing 
for  the  election  of  United  States  Senators  by  Joint  Convention  of  the 
two  Houses  of  the  General  Assembly  ;" 

Mr.  Hall  moved  that  said  resolution  be  laid  upon  the  table ;  % 

Which  motion  was  agreed  to. 

Mr.  Traer  offered  the  following  resolution : 

Resolved,  That  the  Committee  on  Schedule  be  instructed  to  report 
a  section  providing  for  retaining  in  office  the  present  Legislature  and 
State  officers  until  the  expiration  of  their  terms  of  office  under  the  pres- 
ent Constitution ; 

Mr.  Johnston  moved  that  said  resolution  be  laid  on  the  table  subject 
to  the  order  of  the  Convention  ; 

Upon  this  question  the  yeas  and  nays  were  demanded  and  it  was  de- 
cided in  the  affirmative,  as  follows  : 


235 

YEAS. 

Messrs.  Ayers,  Messrs.  Parvin, 

Clarke,  of  Johnson,  Patterson, 

Gibson,  Peters, 

Gillaspy,  Price, 

Hall,  Robinson, 

Harris,  Scott, 

Hollingsworth,  Seely, 

Johnston,  Solomon, 

Marvin,  Winchester, 

Palmer,  Young, 
Springer,  [Prest.,]  21. 

NAYS. 

Messrs.  Bunker,  Messrs.  Emerson, 

Clarke,  of  Henry,  Gower, 

Clark,  of  Alamakee,  Gray, 

Day,  Skiff, 

Edwards,  Traer, 

Ells,  Warren, 
Wilson,— 13. 

Mr.  Bunker  moved  that  when  this  Convention  adjourns  it  will  adjouru 
until  Monday  afternoon  next  at  two  o'clock, 

Motions  to  adjourn  until  nine  o'clock  and  ten  o'clock  on  Monday 
morning  next,  having  been  respectively  disagreed  to; 

Upon  the  question  of  agreeing  to  the  motion  of  Mr.  Bunker, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  nega- 
tive, as  follows : 

YEAS. 

Messrs.  Bunker,  Messrs.  Hall, 

Clarke,  of  Henry,  Hollingsworth, 

Clarke,  of  Johnson,  Marvin, 

Edwards,  Solomon, 

Ells,  Wilson, 

Young— 11. 

NAYS. 

Messrs.  Ayers,  Messrs.  Parvin, 

Clark,  of  Alamakee,  Patterson, 

Day,  Peters, 

Emerson,  Price, 


286 

Messrs.  Gibson,  Messrs.  Robinson, 

Gillaspy,  Scott, 

Gower,  Seely, 

Gray,  Skiff, 

Harris,  T^raer, 

Johnston,  Warren, 

Palmer,  Winchester, 
Springer,  (Prest.,)— 23. 

On  motion, 

The  Convention  resolved  itself  into  Committee  of  the  Whole,  Mr. 
Parvin  in  the  Chair,  upon  the  consideration  of  the  Report  of  the  Com- 
mittee on  Education  and  School  Lands  ;  and,  alter  a  short  time  spent 
therein,  the  Committee  rose. 

The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  reported,  that  they 
had  had  the  subject  under  consideration,  and  asked  leave  to  sit  again. 

Upon  the  question  of  granting  leave  the  yeas  and  nays  were  demand- 
ed, and  it  was  decided  in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Marvin, 

Clarke,  of  Johnson,  Palmer, 

Ells,  Parvin, 

Emerson,  Peters, 

Gibson,  Price, 

Gillaspy,  Robinson, 

Gower,  Scott, 

Gray,  '  Skiff, 

Hall,  Solomon, 

Rollings  worth,  Warren, 

Johnston,  Wilson, 
Young— 23. 

NAYS. 

Messrs.  Ayers,  Messrs.  Patterson, 
Clarke,  of  Henry,  Seely, 

Clark,  of  Alamakee,  Traer, 

Day,  Winchester, 

Edwards,  Springer,  [P.]  10. 

On  motion  of  Mr.  Clarke,  of  Johnson, 

The  Convention  then  adjourned  until  Monday  morning  next  at  half 
past  nine  o'clock. 


237 


MONDAY  MORNING,  FEBRUARY  23,  1857. 

At  half  past  nine  o'clock,  A.  M.,  the  Convention  came  to  order,  the 
President  in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  Saturday's  proceedings  was  read  and  approved. 

Mr.  Winchester  presented  the  petition  of  J.  W.  Rogers  and  one  hun- 
dred and  forty  others,  citizens  of  Fayette  county,  requesting  the  incor- 
poration in  the  Constitution  of  a  section  giving  the  Legislature  power 
to  pass  laws,  regulating,  restraining  or  prohibiting  the  manufacture  of, 
and  traffic  in,  intoxicating  liquors,  &c.  ; 

Which  was  read  and  referred  to  the  Committee  on  Miscellaneous 
Matter. 

Mr.  Young  asked  and  obtained  leave  to  be  excused  from  serving  on 
the  Committee  on  Schedule  ;  and 

The  President  appointed  Mr.  Skiff  in  his  stead. 

Mr.  Bunker,  from  the  Committee  on  Miscellaneous  Matter  made  the 
following 

REPORT. 

The  Standing  Committee  on  Miscellaneous  Matter  beg  leave  to  make 
the  following  report : 

ARTICLE . 

SECTION  1.  The  jurisdiction  of  Justices  of  the  Peace  shall  extend  to 
all  civil  cases,  (except  cases  in  chancery,  and  cases  where  the  question 
of  title  to  any  real  estate  may  arise,)  where  the  amount  in  controversy 
does  not  exceed  fifty  dollars,  and  by  the  consent  of  parties  may  be 
extended  to  any  amount  not  exceeding  three  hundred  dollars. 

SEC.  2.  No  new  county  shall  be  hereafter  created  containing  less  than 
four  hundred  and  thirty-two  square  miles  ;  nor  shall  the  territory  of 
any  organized  county  be  reduced  below  that  amount ;  Provided,  how- 
ever, that  the  county  of  Worth,  and  those  west  of  it,  on  the  Minnesota 
line,  may  be  organized  without  additional  territory. 


238 

SEC.  3.  The  boundaries  of  the  State  may  be  enlarged,  with  the  con- 
sent of  Congress  and  the  General  Assembly. 

SEC.  4.  Every  person  elected  or  appointed  to  any  office,  shall,  before 
entering  upon  the  duties  thereof,  take  an  oath  or  affirmation  to  support 
the  Constitution  of  the  United  States,  and  of  this  State,  and  also  an 
oath  of  office. 

SEC.  5.  In  all  cases  of  elections  to  fill  vacancies  in  office  occurring 
before  the  expiration  of  a  full  term,  the  person  so  elected  shall  hold  for 
the  residue  of  the  unexpired  term,  and  no  longer,  unless  re-elected  ; 
and  all  persons  appointed  to  fill  vacancies  in  office,  shall  hold  until  the 
next  general  election  only. 

SEC.  6.  The  State  University  shall  consist  of  a  single  institution, 
and  be  permanently  located  at  Iowa  City.  The  present  State  Capital, 
with  suck  improvements  and  additions  as  may  be  provided  for  by  law, 
shall  be  occupied  by  the  State  University,  when  not  used  by  the  State 
for  other  purposes. 

SEC.  7.  The  General  Assembly  shall  not  locate  any  of  the  public 
lands,  which  have  been,  or  which  may  granted  by  Congress  to  this  State, 
and  the  location  of  which  may  be  given  to  the  General  Assembly,  upon 
lands  actually  settled,  without  the  consent  of  the  occupant.  The  ex- 
tent of  the  claim  of  such  occupant,  so  exempted,  shall  not  exceed  three 
hundred  and  twenty  acres. 

Respectfully  submitted. 

D.  BUNKER, 
Chairman. 

Which  was  read,  ordered  to  lie  on  the  table,  and  that  one  hundred 
copies  thereof  be  printed  for  the  use  of  the  Convention. 

Mr.  Wilson,  from  the  Special  Committee  to  whom  was  referred  the 
Report  of  the  Standing  Committee  on  Incorporations,  together  with  the 
amendments  made  thereto  in  Convention,  made  the  following 

REPORT. 

A  majority  of  the  Spceul  Committee  to  whom  was  referred  the  re- 
port of  the  Standing  Committee  on  Incorporations,  together  with  the 
amendments  made  in  Convention,  have  instructed  the  undersigned  to 
report  the  following  substitute  for  said  report  as  amended,  and  recom- 
mend its  adoption  by  the  Convention  : 

ARTICLE  VLH. 
SEJTION  1.  No  corporation  shall  be  created  by  special  laws  ;  but  the 


239 

General  Assembly  shall  provide,  by  general  laws,  for  the  organization 
of  all  corporations  hereafter  to  be  created,  except  as  hereinafter  pro- 
vided. 

SEC.  2.  The  property  of  all  corporations  for  pecuniary  profit,  now 
existing,  or  hereafter  created,  shall  forever  be  subject  to  taxation,  the 
same  as  property  of  individuals. 

SEC.  3.  The  State  shall  not  become  a  stockholder  in  any  corpora- 
tion, nor  shall  it  assume  or  pay  the  debt  or  liability  of  any  corporation, 
unless  incurred  in  time  of  war  for  the  benefit  of  the  State. 

SEC.  4.  No  political  or  municipal  corporation  shall  become  a  stock- 
holder in  any  banking  corporation,  directly  or  indirectly. 

SEC.  5.  No  act  of  the  General  Assembly,  authorizing  corporations 
or  associations  with  banking  powers,  nor  shall  amendments  thereto  take 
effect,  or  in  any  manner  be  in  force,  until  the  same  shall  have  been  sub- 
mitted, separately,  to  the  people,  at  a  general  or  special  election,  as 
provided  by  law,  to  be  held  not  less  than  three  months  after  the  pas- 
sage of  the  act, 'and  shall  have  been  approved  by  a  majority  of  all  the 
electors  voting  for  and  against  it  at  such  election. 

SEC.  6.  Subject  to  the  provision  of  the  foregoing  section,  the  Gen- 
eral Assembly  may  provide  for  the  establishment  of  a  State  Bank  with 
branches,  in  addition  to  banks  provided  for  by  general  law. 

SEC.  7.  Subject  to  the  provisions  of  this  article,  the  General  Assem- 
bly shall  have  power  to  amend  or  repeal  all  laws  for  the  organization  or 
erection  of  corporations,  or  granting  of  special  or  exclusive  privileges 
or  immunities,  by  a  vote  of  two -thirds  of  each  branch  of  the  General 
Assembly  ;  and  no  exclusive  privileges,  except  as  in  this  article  pro- 
vided, shall  ever  be  granted. 

Respectfully  submitted, 

J.  F.  WILSON, 

Chairman . 

The  undersigned  do  not  concur  in  .the  above  report  so  far  as  relates 
to  banking  corporations  or  associations,  believing  that  some  restrictions 
should  be  imposed  on  the  Legislature  with  respect  to  the  organization 
of  said  corporations  or  associations. 

J.  F.  WILSON, 
DAVID  BUNKER. 

Which  was  read,  ordered  to  be  laid  on  the  table,  and  that  one  hundred 
copies  thereof  be  printed  for  the  use  of  the  Convention. 

Mr.  Clarke,  of  Henry,  from  the  Special  Committee  to  whom  was 


240 

referred  that  portion  of  the  Constitution  on  Right  of  Suffrage,  made 
the  following 

REPORT. 

The  Special  Committee  to  whom  was  referred  Article  2  of  the  Con- 
stitution, would  report  the  same  back  again  without  amendment,  and 
would  recommend  the  adoption  of  the  following  resolution : 

Resolved,  That  at  the  same  election  that  this  Constitution  is  sub- 
mitted to  the  people  for  its  adoption  or  rejection,  a  proposition  to 
amend  the  same  by  striking  out  the  word  "white"  wherever  it  occurs  in 
said  Constitution,  shall  be  separately  submitted  to  the  electors  of  this 
State  for  their  adoption  or  rejection,  in  manner  following,  viz : 

A  separate  ballot  may  be  given  by  every  person  having  the  right  to 
vote  at  said  election,  to  be  deposited  in  a  separate  box  ;  and  those 
given  for  the  adoption  of  such  proposition  shall  have  the  words  "  Shall 
the  word  'white'  be  stricken  out  of  the  Constitution  wherever  it  .occurs? 
— Yes  ;"  and  those  given  against  the  proposition  shall  have  the  words, 
"  Shall  the  word  'white'  be  stricken  out  of  the  Constitution  wherever  it 
occurs?— No." 

And  if  at  said  election  a  majority  of  all  the  ballots  cast  for  and 
against  said  proposition,  shall  have  the  words  "  Shall  the  word  'white' 
be  stricken  from  the  Constitution  wherever  it  occurs  ? — Yes," — then  the 
word  "white"  shall  be  so  stricken  out  and  shall  not  be  any  part  of  said 
Constitution. 

R.  L.  B.  CLARKE, 

Chairman. 

Which  was  read,  and  ordered  to  lie  on  the  table. 

Mr.  Hall,  from  the  same  Committee,  made  the  following  Minority 

REPORT. 

The  minority  of  the  Committee  to  whom  was  referred  the  Article  on 
Right  of  Suffrage,  beg  leave  to  report : 

The  only  question  brought  forward  for  the  consideration  of  the  Com- 
mittee changing  the  Article  referred  to,  was  the  propriety  of  striking 
out  the  word  i(>  white." 

The  majority  of  the  Committee  have  not  deemed  that  amendment  as 
proper  or  expedient,  but  have  adopted  a  special  course  of  bringing  the 
question  before  the  people  by  a  separate  proposition  and  vote. 

To  this  mode  of  treating  the  subject  there  can  be  no  great  objection. 
It  resolves  itself  into  a  mere  question  of  propriety  or  expediency. 


241 

That  there  are  a  small  number  of  citizens  of  this  State  who  are  in 
favor  of  this  amendment  we  are  free  to  admit.  But  the  undersigned 
will  be  slow  to  believe  that  any  considerable  or  controlling  number  of 
our  fellow  citizens  do  or  will  for  one  moment  sanction  the  proposition. 

The  proposition  to  invite  the  Negro  and  Indian  to  our  State  by  a 
constitutional  guarantee  of  equality  with  the  white  people,  we  feel  con- 
fident cannot  be  sanctioned.  The  majority  of  the  committee  feel  the 
force  of  this  truth  and  hence  they  do  not  insist  upon  the  amendment  as 
a  fixed  feature  in  the  constitution.  With  the  fullest  conviction  that  the 
voice  of  the  people  is  against  the  measure,  the  majority  recommend 
that  it  shall  be  the  subject  of  popular  agitation. 

If  the  wish  of  the  majority  of  the  people  of  this  State  upon  this 
subject  was  a  question  of  doubt,  if  public  sentiment  was  hesitating  and 
undecided,  there  would  be  a  reasonable  cause  for  leaving  the  question 
unsettled  by  this  Convention,  and  returning  the  power  to  settle  it  back 
to  the  people,  the  source  of  all  power. 

The  undersigned  do  not  believe  that  this  is  the  case.  They  therefore 
conclude  that  no  good  can  result  from  a  separate  submission  of  that 
question.  Its  only  effect  will  be  to  keep  up  agitation,  to  furnish  mate- 
rial and  food  for  a  morbid  and  forbidding  sentiment  that  is  f rought  Tfith 
evil  to  the  Indian,  Negro  and  Anglo-American  races. 

Suffrage  is  a  delegation  of  political  power.  In  our  Government  it 
is  more  than  a  mere  badge  of  equality  of  rights,  it  is  a  guarantee  of 
social,  political  and  personal  equality. 

The  views  of  the  undersigned  are  so  fully  expressed  in  a  report  made 
by  a  select  committee  to  the  first  Constitutional  Convention  of  this 
State,  that  they  adopt  that  report  and  re-assert  the  principles  then  stat- 
ed as  follows : 

"That  all  men  are  created  equal,  and  are  endowed  by  their  creator 
with  equal  inalienable  rights,  your  committee  are  free  to  admit:  That 
so  far  as  nature  is  concerned  those  rights  are  as  sacred  to  the  black 
man  as  the  white  man,  and  should  be  so  regarded.  This,  however,  is  a 
mere  abstract  proposition,  and  although  strictly  true  when  applied  to 
man  in  a  state  of  nature,  yet  it  becomes  very  much  modified  when  man 
is  considered  in  the  artificial  state  in  which  government  and  society 
places  him.  Thus  the  infant  is  not  entitled  to  liberty  or  the  pursuits 
of  happiness  until  he  arrives  at  the  age  of  twenty- one  years.  Females 
by  the  arbitrary  rules  of  society  are  excluded  and  debarred  from  many 
things  which  males  consider  rights  and  high  privileges — such  as  the  elec- 
tive franchise,  holding  office,  &c.  Now  in  these  cases  the  females  and 
infant  are  denied  what  we  abstractly  term  inalienable  rights  and  they 
submit  without  complaint  or  murmur.  No  one  thinks  of  sympathizing 
with  them  in  their  deprivations.  The  philanthropist  has  never  had  occa- 
16 


242 

eion  to  commiserate  their  fate,  still  it  is  in  those  respects  the  same  as 
the  citizen  of  color.  The  negro  is  surely  no  better  than  our  wives  and 
children,  and  should  not  excite  sympathy  when  they  desire  the  political 
rights  which  they  are  deprived  of. 

"The  great  error  that  exists  in  the  minds  of  our  citizens  who  reason 
in  favor  of  negro  suffrage  and  citizenship,  arises  from  their  mingling 
the  natural  and  artificial  rights  of  man,  and  treating  the  artificial  insti- 
tutions of  government  as  sacred  and  as  undeniable  to  man  as  the  ab- 
stract rights  of  nature  :  a  position  which  is  untrue  in  point  of  fact,  and 
in  opposition  to  the  experience  of  the  whole  world.  Governments  are 
strictly  conventional,  and  although  based  upon  the  laws  of  nature,  they 
are  necessarily  limited  and  circumscribed  in  their  operation.  It  is  made 
for  those  who  are  to  be  benefitted  by  it  and  is  not  bound  to  unbar  its 
doors  and  receive  every  vagrant  who  may  take  refuge  in  it. 

"Government  is  an  institution  or  an  association  entered  into  by  man, 
the  very  constitution  of  which  changes  or  modifie-  to  a  greater  or  less 
extent  his  natural  rights.  Some  are  surrendered,  others  modified.  The. 
compensation  for  these  sacrifices  is  found  in  the  greater  security  in  those 
rights  retained,  and  a  cheapening  of  the  expense  of  protecting  them. 
It  is  a  means  sought  by  man  to  make  more  available,  secure,  and  cer- 
tain his  unalienable  rights  of  life,  liberty  and  the  pursuits  of  happiness. 
Thus  the  citizen  acquires  a  species  of  property  in  his  government,  which 
he  has  a  right  to  enjoy  without  molestation  and  without  disturbance. 
In  forming  or  maintaining  a  government  it  is  the  privilege  and  duty  of 
those  who  have  or  are  about  to  associate  together  for  that  purpose  to 
modify  and  limit  the  rights  or  wholly  exclude  from  the  association,  any 
and  every  species  of  persons  who  wo  aid  endanger,  lessen  or  in  the  least 
impair  their  enjoyment  of  these  rights.  We  have  seen  that  the  appli- 
cation of  this  principle  limits  the  rights  of  our  sons,  modifies  the  priv- 
ileges of  our  wives  and  daughters,  and  would  not  be  unjust  if  it  exclud- 
ed the  negro  altogether.  'Tis  the  party  to  the  compact  that  should  com- 
plain, not  the  stranger.  Even  hospitality  does  not  sanction  complaint 
under  such  circumstances.  True,  these  persons  may  be  unfortunate, 
but  the  government  is  not  unjust. 

"If  your  committee  are  correct  in  their  views,  the  question  presented 
for  consideration  is  plainly  this :  Would  the  admission  of  the  negro  as 
a  citizen  tend  in  the  least  to  lessen,  endanger  or  impair  the  enjoyment 
of  our  governmental  institutions — in  other  words,  would  the  accession 
of  a  negro  population  produce  any  of  these  consequences.  If  it  would 
we  should  be  unwise  to  admit  them;  if  it  would  not,  then  it  would  be 
wanton  and  wrong  to  exclude  them.  The  whole  subject  should  be  prop- 
erly treated  as  a  question  of  policy  or  contract  where  self-interest  is 
just  as  properly  consulted,  as  in  the  promotion  of  a  commercial  treaty 
or  a  private  contract.  'Tis  the  white  population  who  are  about  to  form 


243 

a  government  for  themselves — no  negro  is  represented  in  this  conven- 
tion, and  no  one  proposes  to  become  a  member  of  the  compact.  'Tis 
the  white  population  of  this  Territory  who  petition  for  the  admission  of 
the  negro.  They  necessarily  believe  that  the  introduction  of  such  a 
population  as  citizens  would  not  interfere  with  the  enjoyments  of  the 
white  citizens,  or  they  place  this  admission  on  the  ground  that  the  negro 
has  the  arbitrary  claim,  based  as  a  natural  right.  The  proposition  would 
stand  thus : 

"1st.  That  the  negroes  are  a  desirable,  or  at  least,  a  harmless  pop- 
ulation ; 

"2d.  That  the  negro  has  a  natural  right  to  be  admitted  as  an  eaual 
citizen.  * 

"The  former  proposition  begs,  the  latter  commands. 

"Can  the  negro  be  admitted  to  those  privileges  and  not  impair  the 
rights  of  the  whites  ?  Your  Committee  think  not.  The  Government, 
then,  would  be  unjust  to  admit  them.  The  negro  not  being  a  party  to 
the  government  has  no  right  to  partake  of  its  privileges. 

"However  your  committee  may  commisserate  with  the  degraded  condi- 
tion of  the  negroes,  and  feel  for  his  fate,  yet  they  can  never  consent 
to  open  the  doors  of  our  beautiful  State  and  invite  him  to  settle ^ur 
lands.  The  policy  of  other  States  would  drive  the  whole  black  popula- 
tion of  the  Union  upon  us.  The  ballot  box  would  fall  into  their  hands 
and  a  train  of  evils  would  follow  that  in  the  opinion  of  your  committee 
would  be  incalculable.  The  rights  of  persons  would  be  less  secure,  and 
private  property  materially  impaired.  The  injustice  to  the  whole  pop- 
ulation would  be  beyond  computation.  There  are  strong  reasons  to 
induce  the  belief  that  the  two  races  could  not  exist  in  the  same  govern- 
ment upon  an  equality  without  discord  and  violence,  that  might  even- 
tuate in  insurrection,  bloodshed  and  final  extermination  of  one  of  the 
two  races.  No  one  can  doubt  that  a  degraded  position  of  moral  feel- 
ing would  ensue,  a  tendency  to  amalgamate  the  two  races  would  be  su- 
perinduced, a  degraded,  a  reckless  population  would  follow,  idleness, 
crime  and  misery  would  come  in  their  train,  and  government  itself  fall 
into  anarchy  or  despotism." 

All  of  which  is  respectfully  submitted. 

J.  C.  HALL, 
D.  N.  PRICE. 

Which  was  read  and  ordered  to  lie  on  the  table. 

Mr.  Johnston  moved  that  one  hundred  copies  of  each  of  said  Reports 
be  printed  for  the  use  of  the  Convention  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  affirmative,  as  follows : 


244 

YEAS. 

Messrs.  Ayers,  Messrs.  Patterson, 

Clarke,  of  Henry,  Peters, ' 

Clark,  of  Alamakee,  Price, 

Gibson,  Robinson, 

Gillaspy,  Scott, 

Gray,  Seely, 

Hall,  Solomon, 

Hollingsworth,  Warren, 

Johnston,  Wilson, 

Palmer,  Young— 20. 

NAYS. 

Messrs.  Bunker,  Messrs.  Skiff, 
Clarke,  of  Johnson,  Traer, 

Edwards,  Winchester, 

Gower,  Springer,  [P.]  8* 

Mr.  Clarke,  of  Henry,  from  the  Special  Committee  to  whom  was  re- 
ferred certain  sections  of  the  Bill  of  Bights  made  the  following 

REPORT. 

The  Committee  to  whom  was  referred  The  Bill  of  Rights  beg  leave 
to  report  the  same  back  without  amendment,  except 

SECTION!.  In  which  they  would  recommend  that  the  word  "inde- 
dependent"  be  stricken  out  and  the  word  "equal"  substituted. 

In  regard  to  Section  4,  the  Committee  beg  leave  to  submit  separate 
reports.  The  views  of  Mr.  Wilson  for  deeming  an  amendment  unnec- 
essary are  submitted  herewith,  as  follows  : 

One  object  of  the  Convention  in  referring  section  4  of  the  Bill  of 
Rights  to  a  select  committee,  was  to  have  the  committee  pass  upon  the 
expediency  of  so  amending  s'aid  section  as  to  embody  in  it  a  clause  se- 
curing to  the  people  the  right  to  introduce  the  testimony  of  negroes, 
mulattoes  and  Indians  into  the  courts  of  this  State.  The  committee 
have  been  unable  to  harmonize  their  views  in  relation  to  said  section, 
and  have  concluded  to  place  before  the  convention,  in  the  form  of  re- 
ports, the  different  views  of  the  members  of  the  committee.  The  un- 
dersigned, therefore,  begs  leave  to  submit  the  following  as  his  views  of 
the  subject  referred  to  the  committee. 

After  a  careful  examination  of  the  subject,  the  undersigned  can 
come  to  no  other  conclusion  than  that  the  object  sought  to  be  attained 
by  the  amendment  proposed  in  the  -Convention,  is  secured  by  the  first 


245 

section  of  the  Bill  of  Rights.     The  section  referred  to  declares  as 
follows : 

"All  men  are,  by  nature,  free  and  equal,  and  have  certain  inalienable 
rights — among  which  are  those  of  enjoying  and  defending  life  and 
liberty,  acquiring,  possessing  and  protecting  property,  and  pursuing 
and  obtaining  safety  and  happiness." 

The  '  'rights  of  defending  life  and  liberty,"  and  "protecting  proper- 
ty," set  forth  in  this  section  as  natural  rights,  are  not  taken  away  when 
men  associate  themselves  into  governmental  organizations.  The  rights 
remain  unimpaired — the  method  of  protecting  them  only  being  changed. 
In  a  state  of  nature,  man  must  depend  upon  his  physical  prowess  to 
protect  his  rights — under  constitutional  government  he  depends  upon 
the  laws  as  administered  by  the  courts  of  justice. 

The  right  of  protecting  life,  liberty  and  property  being  guaranteed 
by  the  constitution  to  every  man,  it  follows  as  a  consequence  tha.t  every 
one  is  entitled  to  exercise  all  other  rights  necessary  to  the  full  enjoy- 
ment of  the  rights  thus  guaranteed.  This  point  being  determined,  it 
follows  that  the  citizen  thus  having  the  right  guaranteed  to  him  of  pro- 
tecting his  life,  liberty  and  property  by  application  to  the  courts  of  jus- 
tice, he  also  has  the  right  to  introduce  testimony  ;  for  without  this 
right,  the  protection  held  out  to  him  by  the  constitution  would  be  no 
better  than  heartless  mockery — it  would  be  to  invite  him  into  the  temple 
of  justice  while  the  doors  are  bolted  and  barred  against  him.  Testimo- 
ny is  as  essential  to  the  protection  of  life,  liberty  and  property  in  courts 
of  justice,  as  air  is  to  to  the  enjoyment  of  animal  life  ;  and  every  in- 
terference with  the  right  is  an  act  of  usurpation  not  warranted  by  the 
constitution.  The  present  constitution  of  Iowa  contains  no  clause  con- 
flicting with  the  full  enjoyment  of  this  right.  The  amended  constitution 
which  this  body  will  submit  to  the  people,  will  make  no  change  in  the 
present  constitution  in  this  respect.  It  follows,  therefore,  that  the 
General  Assembly  have  no  power  under  the  present  constitution,  nor 
will  they  have  under  the  amended  constitution,  to  infringe  upon  this 
right  as  recognized  and  guaranteed  by  the  first  section  of  the  Bill  of 
Rights.  In  this  view  of  the  case,  it  matters  not  what  the  color  of  the 
witness  may  be,  if  his  testimony  be  necessary  for  the  protection  of  the 
life,  liberty  or  property  of  a  party  to  a  judicial  proceeding,  the  party 
interested  has  the  right  to  introduce  him,  and  any  law  which  seeks  to 
deprive  a  party  of  this  right,  infringes  upon  the  constitutional  rights  of 
the  people,  and  is  therefore  void. 

The  undersigned,  believing  that  the  foregoing  views  of  the  constitution 
are  correct,  can  see  no  necessity  for  re-declaring  the  provisions  of  the 
first  section  of  the  Bill  of  Rights  in  any  other  section,  and  would,  there- 
fore, recommend  the  adoption  of  the  f  ourtji  section  without  amendment. 

JAMES  F.  WILSON. 


246 

I  fully  concur  with  his  reasoning  so  far  as  the  same  goes  to  show  that 
such  amendment  as  is  proposed  ought  not  to  be  necessary.  But  un- 
fortunately Legislatures  and  Courts,  and  those  clothed  with  a  little  brief 
authority,  are  not  always  governed  by  correct  principles.  If  such  were 
the  case  we  might  dispense  with  the  whole  Bill  of  Rights.  In  fact  the 
same  process  of  reasoning  would  strike  out  nearly  every  section  after 
the  1st.  In  regard  to  the  "necessity"  of  the  proposed  amendment, 
'•stubborn  facts"  would  seem  to  establish  it  beyond  controversy.  As 
the  laws  now  stand  all  classes,  sects  and  parties  stand  alike,  individuals 
of  all  being  liable  to  disabilities  only  on  account  of  their  own  bad  char- 
acter, misfortunes  or  offences.  I  do  not,  therefore,  recommend  this 
amendment  on  account  of,  or  for  the  benefit  of  any  one,  two  or  more 
classes,  but  for  all,  to  forever  protect  ALL. 

The  Legislature  of  our  own  State  has  once  blackened  our  statute 
book  with  a  most  infamous  law,  depriving  one  whole  class  and  race  of 
men  from  being  witnesses  in  courts  of  law,  against  the  spirit  and  letter 
of  this  same  1st  Section,  and  that  too  under  our  "old  Constitution." 

That  law  remained  in  full  force,  a  disgrace  and  reproach  to  our 
State,  yet  sustained  in  all  our  Courts,  until  it  was  repealed  at  the 
last  session  of  the  Legislature. 

What  warrant  have  we,  therefore,  that  the  next,  or  some  subsequent 
Legislature,  may  not  re-enact  the  same  laws, — or  go  farther,  and  em- 
brace other  classes,  sects  and  parties  of  men?  It  is  in  fact  publicly 
proclaimed  by  one  of  the  great  parties,  that  if  reinstated  in  power, 
they  will  re-enact  them  ;  and  gentlemen  in  this  Convention  have  ex- 
pressed their  willingness  to  go  farther,  and  compel  every  member  of 
certain  classes  to  leave  the  State.  With  nearly  the  same  declaration 
of  rights  in  their  Constitution  as  set  forth  in  our  famous  \st  Section , 
other  States  have  also  passed  laws  depriving  whole  classes  and  sects  of 
individuals  of  rights  to  which  all  other  citizens  were  entitled,  and  espe- 
cially of  this  right  of  giving,  and  of  having  given,  testimony  in  Courts 
of  Justice.  With  all  these  "stubborn  facts"  in  view,  can  it  be  possi- 
ble that  any  one  who  wishes  to  secure  to  every  individual  the  rights  set 
forth  in  the  1st  Section,  can  have  any  objection  to  the  amendment 
proposed  to  the  4th  Section? — Nay!  who  can  deny  the  absolute  neces- 
sity of  incorporating  such  a  provision  in  our  Constitution  to  prevent 
party  madness,  fanatical  bigotry,  narrow-minded  jealousy  and  low- 
minded  prejudice,  from  again  outraging  the  most  obvious  principles  of 
human  rights  and  ordinary  justice,  and  the  common  decencies  of  man- 
hood, by  their  "  class  legislation,"  and  partizan  enactments? 

In  order  to  deprive  the  unfair  and  the  ungenerous  of  all  grounds  for 
the  charge  that  such  amendment  is  sought,  for  the  especial  benefit  of 
any  one  class,  I  would  recommend  its  adoption  in  the  following  form  : 


247 

4.  No  religious  test  shall  be  required  as  a  qualification  for  any  office 
or  public  trust,  and  no  person  shall  be  deprived  of  any  of  his  rights, 
privileges  or  capacities,  or  disqualified  from  the  performance  of  any  of 
his  public  or  private  duties,  or  rendered  incompetent  to  give  evidence 
in  any  court  of  law  or  equity,  in  consequence  of  his  opinions  on  the 
subject  of  religion.  And  any  person  being  a  suitor  in  any  court,  shall 
have  the  right  of  taking  and  using  the  testimony  of  any  other  person 
not  being  a  co-party,  nor  his  own  wife,  or  the  wife  of  a  co-party,  and 
riot  being  under  legal  disability  on  account  of  conviction  for  crime. 

SEC.  10 — A  majority  of  the  committee  report  back  as  it  came  to 
them,  without  any  additional  amendment. 

R.  L.  B.  CLARKE, 

Chairman. 

Which  was  read,  and  ordered  to  lie  on  the  table. 

Mr.  Gillaspy  presented  for  Mr.  Harris,  a  member  of  the  same  com- 
mittee, the  following  minority 

REPORT. 

The  undersigned,  as  one  of  the  Special  Committee  to  whom  was 
referred  the  Bill  of  Rights,  with  instructions  to  consider  Sections  1,  4 
and  10,  and  correct,  if  necessary,  the  phraseology  of  Section  18  as 
amended,  begs  leave  to  make  the  following  Report,  viz : 

The  amendment  pending  to  Section  1  cannot,  in  striking  out  the 
word  "Independent"  and  inserting  the  word  "Equal,"  secure  practi- 
cally, to  any  one,  rights  they  would  not  with  equal  safety  enjoy  if  Sec- 
tion 1  be  permitted  to  remain  as  at  present  fixed  in  the  Constitution. 

The  sovereignty  of  the  people  being  with  us  "a  well  conceded  axiom," 
it  follows  with  our  theory  (which  none  here  deny,)  that  there  can  be  no 
greater  than  the  sovereign  power  of  the  people  ;  and  if  superior  to  all 
other  powers,  being  the  source  of  all  power,  they  must  in  point  of  gov- 
ernment be  "  independent."  When  freemen  form  social  and  political 
compacts,  they  are  mutually  equal  in  natural  and  political  rights,  and 
independent  of  all  other  political  and  social  relations. 

And  the  peculiar  phraseology  of  our  Bill  of  Rights  that  "All  men 
are  by  nature  free  and  independent,"  when  definitions  are  attempted 
to  be  given  to  the  great  foundation  which  underlies  all  our  institutions 
of  government,  occurring  more  frequently  than  any  other  form  of  ex- 
pression in  the  Constitution  of  other  States  o*f  the  Union,  it  is  no  more 
than  fair  to  presume  the  multitude  of  statesmen  and  scholars  who  have 
adopted  the  word  independent  as  most  properly  expressive  of  the  true 
relation  of  men  when  associated  under  a  civilized  form  of  government, 


whose  source  of  power  is  in  themselves,  have  not  used  the  word  "  inde- 
pendent" so  freely,  without  some  proper  understanding  of  its  true 
meaning  and  correct  use.  I  can  see  no  reason  for  striking  it  out. 

In  the  discussion  that  took  place,  on  the  amendment  offered  to  Sec- 
tion four,  it  was  conceded  that  the  main  object  of  its  friends  was,  to 
make  mulattoes,  negroes  and  perhaps  Indians,  equal  to  any  and  all 
other  classes  of  persons  as  to  the  right  to  give  testimony  in  courts  of 
justice — a  right  which  all  admit  can  only  be  denied  them  by  affirmative, 
positive,  prohibitory  legislation,  under  the  present  Constitution. 

No  especial  provision  being  inserted  to  operate  for  the  especial  ben- 
efit of  any  other  class — with  the  records  of  the  Convention  pointing  to 
the  fact  that  certain  things  were  done  in  order  to  more  certainly  secure 
the  rights  of  such  persons  of  color,  in  matters  of  testimony  of  which 
they  were  not  deprived  without  such  action — could,  in  the  opinion  of 
the  undersigned,  only  be  considered  as  pointing  to  such  persons  as 
those,  to  protect  the  rights  of  whom  the  Constitution  we  are  to  submit 
to  the  electors  of  the  State  was  especially  framed — and  of  course,  ac  • 
cording  to  them,  a  higher  standard  for  integrity  and  intelligence  than 
is  allowed  to  those  less  deeply  colored — a  distinction  it  is  hoped  this 
Convention  will  not  make. 

In  the  amendment  made  to  Section  10,  the  words  "and  in  cases  in- 
volving the  life  and  liberty  of  an  individual,"  as  contra-distinguished 
from  criminal  law,  and  disconnected  with  any  proceedings  in  the  en- 
forcement of  the  criminal  law  of  the  State,  and  being  such  as  are  not 
found  in  the  Constitution  of  any  other  State  in  the  Confederacy,  should, 
before  finally  fixed  in  our  Constitution,  be  carefully  considered ;  and 
while  it  is  right  to  cultivate  those  humane  promptings  of  the  heart  that 
yearn  to  alleviate  in  any  condition  the  sufferings  of  a  fellow- man,  care 
should  be  taken  that  we  discriminate  in  the  protection  we  would  afford, 
between  liberty  secured  by  free  written  Constitutions,  created  and  sup- 
ported by  those  they  are  intended  to  govern,  and  the  liberty  of  the 
wild,  excited  and  infuriated  mob.  We  have  sworn  to  support  the  Con- 
stitution of  the  United  States,  and  unless  we  would  prove  recreant  to 
the  oaths  we  have  taken,  and  teach  treason  to  its  precepts,  we  must 
secure  by  the  provisions  of  our  own  Constitution,  on  the  part  of  courts 
and  citizens,  a  due  observance  of  the  faith  pledged  to  the  citizens  and 
laws  of  the  other  States  which  we  imposed  upon  ourselves  by  becoming 
a  party  to  the  compact  of  the  Union. 

Unless  thus  prepared  to  act,  it  would  seem  better  to  cancel  the  bond 
and  claim  in  future  an  exemption  from  its  duties. 

Section  2  of  Article  4  of  the  Constitution  of  the  United  States — 
that  any  one  committing  a  crime  in  any  other  State,  cannot,  if  arrested 
in  Iowa,  demand  a  trial  by  jury  here  in  Iowa,  but  must,  on  demand,  be 


249 

delivered  up  to  the  authorities  of  the  State  where  the  crime  was  com- 
mitted, to  be  tried  by  the  Courts  of  such  State — is  founded  upon  ob- 
vious reasons. 

There  is  no  offence  against  the  laws  of  this  State  ;  —  the  offender 
must  answer  to  the  law  violated  ; — there  is  no  offence  against  the  law 
of  any  other  State.  The  crime  being  local,  the  right  to  jury  trial  must 
be  equally  local.  The  Third  Section  provides  that  no  person  held  to 
service  or  labor  should  be  discharged,  &c.,  but  should,  on  demand  of 
him  to  whom  such  labor  is  due,  be  delivered  up. 

Can  any  reason  be  given  why  one  of  those  provisions  is  more  binding 
than  the  other,  and  yet,  while  one  is  assented  to  without  objection,  this 
amendment  is  inserted  to  repudiate  the  other,  unless  a  jury  trial  is  allowed. 

In  the  first  instance,  while  the  man  is  presumed  innocent,  he  is,  with- 
out proof,  handed  over  to  the  iron  fetters  and  stern  demands  of  a  sup- 
posed offended  sanguinary  criminal  code  of  a  foreign  State,  to  undergo 
an  inquisitorial  investigation,  that  is  to  consign  himself  perhaps  to  a 
death  of  infamy,  and  his  family  to  a  life  of  shame ;  and  yet  there  is 
not  one  word  of  testimony  to  prove  guilt.  Why  submit  to  see  those 
manacles  thrust  with  such  rudeness  on  those  palsied  limbs?  For  no 
other  reason  than  a  State  we  admit  to  be  sovereign  and  independent, 
made  the  demand  ;  our  faith  with  her  requires  that  we  should  not  come 
betweeaher  offended  majesty  and  those  offending,  but  must  trust  the 
accused  to  her  justice  and  amenity.  But  do  these  reasons  apply  with 
equal  force  to  those  who  are  fugitives  from  labor  ?  Why  not  ? — that 
which  is  the  legal  due  of  the  citizens  of  one  State  by  the  laws  thereof, 
may  otherwise  be  canceled  by  the  laws  of  another  State,  and  it  would 
seem  clear  that  the  courts  of  one  State  cannot  be  called  upon  to  enforce 
rights,  privileges  or  immunities  created  by  the  laws  of  another  State, 
which  are  in  direct  violation  of  the  laws  of  its  own.  But  they  may 
hand  the  parties  over  to  have  their  rights  determined  by  the  courts  of 
the  State  where  the  rights  are  created  and  obligations  incurred. 

Whether  so  intended  or  not,  the  amendment  can  serve  no  other  pur- 
pose than  to  nullify  any  laws  passed  by  Congress  in  aid  of  those  pro- 
visions of  the  Constitution  of  the  United  States  to  which  reference  has 
been  made,  and  stand  in  the  organic  laws  of  this  State  a  solemn  protest 
against  complying  with  any  demands  that  may  be  made  by  the  citizens 
or  authorities  of  other  States,  for  persons  escaping  into  this  State  who 
would  be  liable  to  be  claimed  under  either  of  these  provisions. 

For  these  reasons  the  undersigned  would  recommend  that  Sections  1, 
4  and  10,  of  the  Bill  of  Rights,  in  the  present  Constitution,  be  adopted 
without  amendment  or  change. 

All  of  which  is  respectfully  submitted. 

A.  HARRIS, 

Minority  Com. 
16* 


250 

Which  was  read,  and  ordered  to  lie  on  the  table. 

Mr.  Gillaspy  moved  that  one  hundred  copies  of  each  of  the  forego- 
ing reports  be  printed  for  the  use  of  the  Convention ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and 

A  call  of  the  House  having  been  ordered,  the  following  gentlemen 
appeared,  viz  : 

Messrs.  Ayers,  Messrs.  Palmer, 

Bunker,  Patterson, 

Clarke,  of  Henry,  Peters, 

Clarke,  of  Johnson,  Price, 

Clark,  of  Alamakee,  Robinson, 

Edwards,  Scott, 

Emerson,  Seely, 

Gibson,  Skiff, 

Gillaspy,  Solomon, 

Gower,  Traer, 

Gray,  Warren, 

Hall,  Wilson, 

Hollingsworth,  Winchester, 

Johnston,  Young, 
Springer,  (Prest.,)— 29. 

Those  not  answering  to  their  names  having  been  severally  excused 
except  one, 
The  Sergeant- at- Arms  was  despatched  for  the  absentee  ; 

Upon  his  return,  on  motion,  all  further  proceedings  under  the  call 
were  dispensed  with. 

The  question  w,as  then  taken  by  yeas  and  nays  upon  the  motion  of 
Mr.  Gillaspy,  and  it  was  decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Harris, 

Clarke,  of  Henry,  Johnston, 

Clark,  of  Alamakee,  Palmer, 

Emerson,  Patterson, 

Gibson,  Peters, 

Gillaspy,  Price, 

Hall,  Robinson, 
Solomon — 15. 

NAYS. 

Messrs.  Bunker  •  Messrs.  Seely, 

Clarke,  of  Johnson,  Skiff, 


251 

Messrs.  Edwards,  Messrs.  Traer, 

Gower,  Warren, 

Gray,  Wilson, 

Hollirigsworth,  Winchester, 

Scott,  Young, 

Springer,  (Prest.,) — 15. 

Mr.  Young  moved  a  reconsideration  of  the  vote  by  which  one  hun- 
dred copies  of  the  reports  of  the  Special  Committee  on  Right  of  Suf- 
frage were  ordered  to  be  printed  respectively  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Scott, 

Clarke,  of  Henry,  Seely, 

Clarke,  of  Johnson,  Skiff, 

Clark,  of  Alamakee,  Traer, 

Edwards,  Warren, 

Gower,  Wilson, 

Gray,  Winchester, 

Hollings  worth,  Young, 
Springer,  (Prest.,)— 17. 

NAYS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Emerson,  Palmer, 

Gibson,  Patterson, 

Gillaspy,  Peters, 

Hall,    '  Price, 

Harris,  Robinson, 
Solomon — 13. 

The  question  now  being  upon  agreeing  to  the  motion  to  print  one 
hundred  copies  of  each  of  said  reports, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  nega- 
tive, as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Johnston, 
Clark,  of  Alamakee,  Palmer, 

Emerson,  Patterson, 

Gibson,  Peters, 

Gillaspy,  Price, 


Messrs.  Hall, 
Harris, 


Messrs.  Robinson, 

Scott, 
Solomon — 15. 


NAYS. 


Messrs.  Bunker, 

Clarke,  of  Henry, 

Clarke,  of  Johnson, 

Edwards, 

Gower, 

Gray, 

Hollingsworth, 

Springer,  [Prest.,]  15. 

On  motion  of  Mr.  Winchester, 
The  Convention  then  adjourned. 


Messrs.  Seelv, 
Skiff, 
Traer, 
Warren, 
Wilson, 
Winchester, 
Young, 


MONDAY  AFTERNOON. 

At  two  o'clock,  P.  M.,  tha  Convention  again  met. 

The  Rule  having  been  suspended  requiring  three  readings  upon  as 
many  different  days, 

The  Convention  then  resolved  itself  into  Committee  of  the  Whole,  Mr. 
Gillaspy  in  the  Chair,  upon  the  consideration  of  the  Report  of  the 
Special  Committee  on  Right  of  Suffrage  ;  and,  after  some  time  spent 
therein,  the  Committee  rose. 

The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  reported,  that  pro- 
gress had  been  made  in  the  consideration  of  the  subject  before  them, 
and  the  Committee  asked  and  obtained  leave  to  sit  again. 

On  motion  of  Mr.  Gibson, 

The  Convention  adjourned  until  seven  o'clock,  this  evening. 


253 

> 


MONDAY  EVENING. 

At  seven  o'clock,  P.  M.,  the  Convention  again  met. 
Mr.  Peters  moved  that  the  Convention  do  now  adjourn  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Clarke,  of  Johnson,  Messrs.  Scott, 

Edwards,  Skiff, 

Johnston,  Solomon, 

Peters,  Warren, 

Robinson,  Young — 10. 

NAYS. 

Messrs.  Ayers,  Messrs.  Marvin, 

Bunker,  Palmer, 

Clark,  of    Alamakee,  Parvin, 

Ells,  Patterson, 

Gibson,  Price, 

Gillaspy,  Seely, 

Gower,  Traer, 

Gray,  Wilson, 

Hall,  Winchester, 
Springer,  [Prest.]  19. 

On  motion  of  Mr.  Traer, 

A  call  of  the  House  was  ordered, 

Whereupon,  the  following  gentlemen  answered  to  their  names  : 

Messrs.  Ayers,  Messrs.  Parvin, 

Bunker,  Patterson, 

Clarke,  of  Johnson,  Peters; 

Clark,  of  Alamakee,  Robinson, 

Edwards,  Scott, 

Ells,  Seely, 

Gibson,  Skiff, 

Gillaspy,  Solomon, 


254 

Messrs.  Gower,  Messrs.  Traer, 

Gray,  Warren, 

Hall,  Wilson, 

Marvin,  Young, 

Springer,  [Prest.,]  25. 

On  motion,  Messrs.  Day,  Harris,  Hollingsworth  and  Todhuntcr  were 
severally  excused, 

Mr.  Skiff  moved  that  further  proceedings  under  the  call  be  dispensed 
with  ; 

Which  motion  was  not  agreed  to. 

The  Sergeant- at- Arms  having  been  despatched  for  the  absentees, 

Mr.  Patterson  moved  that  the  Convention  take  a  recess  of  ten 
minutes  ; 

Which  motion  was  agreed  to. 

The  Convention  having  again  come  to  order, 

Mr.  Parvin  moved  that  further  proceedings  under  the  call  be  dis- 
pensed with ; 

Which  motion  was  agreed  to. 

The  Convention  then  resolved  itself  into  Committee  of  the  Whole, 
Mr.  Gillaspyin  the  Chair,  upon  the  consideration  of  the  Report  of  the 
Special  Committee  on  the  Right  of  Suffrage ;  and,  after  some  time 
spent  therein,  the  Committee  rose. 

The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  reported,  that  progress 
had  been  made  in  the  consideration  of  the  subject  before  them,  and  the 
Committee  asked  and  obtained  leave  to  sit  again. 

On  motion, 

The  Convention  adjourned. 


255 


TUESDAY  MORNING,  FEBRUARY  24,  1857. 

At  nine  o'clock,  A.  M.,  the  Convention  came  to  order,  the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

• 

Mr.  Gibson  moved  that  the  Convention  resolve  itself  into  Committee 
of  the  Whole  upon  the  consideration  of  the  Report  of  the  Committee 
on  Education  and  School  Lands  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and, 

A  call  of  the  House  having  been  ordered, 

The  following  gentlemen  answered  to  their  names  ; 

Messrs.  Ayers,  Messrs.  Patterson, 

Clarke,  of  Henry,  Peters, 

Clarke,  of  Johnson,  Price, 

Clark,  of  Alamakee,  Scott, 

Gibson,  Seely, 

Gillaspy,  Skiff, 

Gower,  Solomon, 

Gray,  Traer, 

Hall,  Warren, 

Hollingsworth,  Wilson, 

Marvin,  Winchester, 

Palmer,  Young, 

Parvin,  Springer,  [P.]  ^6. 

Messrs.  Todhunter,  Bunker  and  Harris  having  been  severally  excused, 

On  motion  of  Mr.  Wilson, 

All  further  proceedings  under  the  call  were  dispensed  with. 

The  question  was  then  taken  by  yeas  and  nays  upon  the  motion  of 
Mr.  Gibson,  and  it  was  decided  in  the  negative,  as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Palmer, 

Gibson,  Patterson, 


256 

Messrs.  Gillaspy,  Messrs.  Peters, 

Hall,    '  Price, 

Solomon — 9. 

NAYS. 

Messrs.  Clarke,  of  Henry,  Messrs.  Scott, 

Clarke,  of  Johnson,  Seely, 

Clark,  of  Alamakee,  Skiff, 

Gower,  Traer, 

Gray,  Warren, 

Hollingsworth,  Wilson, 

Marvin,                    0  Winchester, 

Parvin,  Young, 
Springer,  (Prest.,)— 17. 

The  Convention  then  resolved  itself  into  Committee  of  the  Whole, 
Mr.  Gillaspy  in  the  Chair,  upon  the  consideration  of  the  Report  of  the 
Special  Committee  on  Right  of  Suffrage :  and,  after  sometime  spent 
therein,  the  Committee  rose. 

The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  reported  that  progress 
had  been  made  in  the  consideration  of  the  subject  before  them,  and  the 
Committee  asked  and  obtained  leave  to  sit  again. 

On  motion  of  Mr.  Clarke  of  Johnson, 
The  Convention  then  adjourned. 


TUESDAY  AFTERNOON. 

At  two  o'clock,  P.  M.,  the  Convention  again  met. 

Mr.  Johnston  moved  that  the  Convention  do  now  proceed  to  the  con- 
sideration of  the  Report  of  the  Committee  on  Education  and  School 
Lands,  in  Committee  of  the  Whole ; 

Upon  this  question  the  yeas  and  nays  were  demanded  and  it  was  de- 
cided in  the  affirmative,  as  follows  : , 


257 

YEAS. 

Messrs.  Ayers, 

Emerson, 

Gibson, 

Gillaspy, 

Hall, 

Harris, 

Johnston , 

Palmer, 

Patterson, 

NAYS. 

Messrs.  Bunker, 

Clarke,  of  Henry, 

Clarke,  of  Johnson, 

Clark,  of  Alamakee, 

Edwards, 

Ells, 

Gower, 

Gray, 


Messrs.  Peters, 
Price, 
Robinson, 
Seely, 
Solomon, 
Traer, 
Warren, 
Winchester, 
Springer,  (P.,)  18. 


Messrs.  Hollingsworth, 
Marvin, 
Parvin, 
Scott, 
Skiff, 

Todhunter, 
Wilson, 
Young— 16. 


The  Convention  then  resolved  itself  into  Committee  of  the  Whole, 
Mr.  Parvin  in  the  Chair,  upon  the  consideration  of  the  Report  of  the 
Committee  on  Education  and  School  Lands :  and,  after  sometime  spent 
therein,  the  Committee  rose. 

The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  reported  that  progress 
had  been  made  in  the  consideration  of  the  subject  before  them,  and  the 
Committee  asked  and  obtained  leave  to  sit  again. 

On  motion  of  Mr.  Traer, 

Said  subject  was  made  the  Special  order  for  to-morrow  morning  at 
nine  o'clock. 

The  Convention  then  proceeded  to  the  consideration  of  the  Report  of 
the  Standing  Committee  on  Bill  of  Rights :  and, 

The  question  being  on  agreeing  to  the  amendment  recommended 
by  the  Special  Committee,  to  strike  out  in  the  First  Section  the  word 
"independent"  and  insert  the  word  "equal," 

The  yeas  and  nays  were  demanded ; 

A  call  of  the  House  having  been  ordered,  the  following  gentlemen 
appeared,  viz  : 
17 


258 


Messrs.  Ayers, 
Bunker, 

Clarke,  of  Henry, 
Clarke,  of  Johnson, 
Clark,  of  Alamakee, 
Day, 
Edwards, 
Ells, 

Emerson, 
Gibson, 
Gillaspy, 
Gower, 
Gray, 
Hall, 
Harris, 

Rollings  worth, 
Marvin, 


Messrs.  Palmer, 
Parvin, 
Patterson, 
Peters, 
Price, 
Robinson, 
Scott, 
Seely, 
Skiff, 
Solomon, 
Todhunter, 
Traer, 
Warren, 
Wilson, 
Winchester, 
Young, 


Springer,  (P.)  84. 


The  Previous  Question  having  been  demanded, 

Upon  the  question, 

Shall  the  main  question  now  be  put  ? 

The  same  was  agreed  to,  a  majority  of  the  members  present  voting 
therefor ; 

The  question  upon  agreeing  to  said  amendment  was  then   decided 
in  the  affirmative,  as  follows  : 


YEAS. 

Messrs.  Bunker, 

Clarke,  of  Henry, 

Clarke,  of  Johnson, 

Clark,  of  Alamakee, 

Edwards, 

Ells,  • 

Gower, 

Gray, 

Hollingsworth, 

Marvin, 


NAYB. 


Messrs.  Ayers, 
Day, 
Emerson, 
Gibson, 


Messrs.  Scott, 
Seely, 
Skiff, 

Todhunter, 
Traer, 
Warren, 
Wilson, 
Winchester, 
Young, 
Springer  (P.)  20. 


Messrs.  Johnston, 
Palmer, 
Parvin, 
Patterson, 


259 


Messrs.  Gillaspy, 
Hall, 
Harris, 


Solomon — 15. 


Messrs.  Peters, 
Price, 
Robinson, 


Mr.  Clarke,  of  Johnson,  moved  to  amend  the  Fourth  Section  of  said 
Report,  by  adding  thereto,  as  follows  : 

"And  any  party  to  any  judicial  proceeding,  shall  have  the  right  to 
use  as  a  witness,  or  take  the  testimony  of,  any  other  person,  not  inter- 
ested in  the  subject  matter  of  the  suit,  who  may  be  cognizant  of  any 
fact  material  to  the  case  :  and  parties  to  suits  may  be  witnesses  as  pro- 
vided by  law ;" 

Mr.  Palmer  moved  to  amend  the  amendment  by  inserting  the  word 
"civil"  before  the  word  "suits"  in  the  latter  part  thereof ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  negative,  as  follows  : 


YEAS. 

Messrs.  Clarke,  of  Henry, 
Clarke,  of  Johnson, 
Clark,  of  Alamakee, 
Edwards, 

Scott— 9. 


NAYS. 


Messrs.  Ayers, 
Bunker, 
Day, 
Emerson, 
Gibson, 
Gillaspy , 
Hall, 
Harris, 

Rollings  worth, 
Johnston, 
Marvin, 
Parvin, 
Patterson, 


Messrs.  Ells, 
Gower, 
Gray, 
Palmer, 


Messrs.  Peters, 

Price, 

Robinson, 

Seely, 

Skiff, 

Solomon, 

Todhunter, 

Traer, 

Warren, 

Wilson, 

Winchester, 

Young, 

Springer  [P.]  26. 


The  question  being  upon  agreeing  to  the  amendment  offered  by  Mr. 
Clarke,  of  Johnson, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirm- 
ative, as  follows  : 


260 

YEAS. 

Messrs.  Bunker,  Messrs.  Marvin, 

Clarke,  of  Henry,  Parvin, 

Clarke,  of  Johnson,  Scott, 

Clark,  of  Alamakee,  Seely, 

Edwards,  Skiff, 

Ells,  Todhunter, 

Gower,  Traer, 

Gray,  Warren, 

Boilings  worth,  Winchester — 18. 

NAYS. 

Messrs.  Ayers,  Messrs.  Palmer, 

Day,  Patterson, 

Emerson,  Peters, 

Gibson,  Price, 

Gillaspy,  Robinson, 

Hall,  Solomon, 

Harris,  Wilson, 

Johnston,  Young, 
Springer,  (Prest.) — 17. 

Mr.  Harris  moved  to  strike  out  of  the  Substitute  adopted  for  the 
Tenth  Section  of  said  Report,  the  words  "and  in  cases  involving  the 
life  or  liberty  of  an  individual"  near  the  beginning  thereof  ; 

And,  the  Previous  Question  having  been  demanded, 

Upon  the  question, 

Shall  the  main  question  now  be  put  ? 

It  was  decided  in  the  affirmative,  a  majority  of  the  members  present 
voting  therefor. 

Upon  the  question  of  agreeing  to  the  motion  of  Mr.  Harris, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  neg- 
tive,  as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Day,  Palmer, 

Emerson,  Patterson, 

Gibson,  Peters, 

Gillaspy,  Price, 

Hall,    '  Robinson, 

Harris,  Solomon — 14. 


261 

NAYS. 

Messrs.  Bunker,  Messrs.  Parvin, 

Clarke,  of  Henry,  Scott, 

Clarke,  of  Johnson,  Seely, 

Clark,  of  Alamakee,  Skiff, 

Edwards,  Todhunter, 

Ells,  Traer, 

Gower,  Warren, 

Gray,  Wilson, 

Hollingsworth,  Winchester, 

Marvin,  Young, 
Springer,  (  Prest. , ) — 21 . 

Mr.  Winchester  moved  that  the  Report  with  the  amendments  made 
thereto  be  referred  to  the  Committee  on  Revision,  Engrossment  and 
Enrollment ; 

Which  motion  was  agreed  to. 

Mr.  Johnston  moved  that  a  Committee  on  Expenditures  be  ap- 
pointed ; 

Which  motion  was  agreed  to. 

On  motion  of  Mr.  Todhunter, 
The  Convention  then  adjourned. 


WEDNESDAY  MORNING,  FEBRUARY  25,  1857. 

At  nine  o'clock,  A.  M.,  the  Convention  came  to  order,  the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

Mr.  Parvin  offered  the  following  resolutions : 

Resolved,  That  John  Mahin  is  hereby  employed  to  print 

copies  of  the  Journal  of  the  Secretary,  and  that  he  be  paid  as  a  com- 
pensation therefor  the  same  amount  as  is  paid  to  the  State  Printer  for 
like  services. 

Resolved,  That  the  Secretary  (T.  J.  Saunders)  be  employed  to 
superintend  the  printing  of,  and  to  distribute  the  said  Journal,  and  that 

he  be  allowed dollars  as  compensation  in  full  for  his 

services. 

Resolved,  That  John  Mahin  be  employed  to  print 

copies  of  the  amended  Constitution  separate  from  the  Journal,  and  that 
he  be  paid  therefor  the  same  as  the  State  Printer,  for  like  services. 

Which  having  been  read, 

On  motion  of  Mr.  Traer,  said  resolutions  were  laid  on  the  table  sub- 
ject to  the  order  of  the  Convention. 

Mr.  Wilson  offered  the  following : 

Resolved,  That  the  Secretary  be  and  is  hereby  authorized  to  employ 
some  competent. person  to  act  as  Enrolling  Clerk  to  this  Convention ; 

Which  resolution  was  adopted. 

Mr.  Clarke,  of  Johnson,  offered  the  following : 

Resolved,  That  J.  Bittman,  of  Dubuque  county,  be  employed  to 
translate  the  Constitution  into  German,  and  print  three  thousand  copies 
r<f  the  same  :  and  that  for  translating  the  same,  he  be  paid  the  sum  of 
"~  dollars  ;  and  for  printing,  that  he  be  paid  the  prices 

now  paid  by  law  for  t^  same  kind  of  work  5 

Mr.  Gibson  moved  that  said  r^01^!0/1  be  so  amended  as  to  have  one 
thousand  copies  printed  in  the  Holland  iJnguaSe  > 


263 

On  motion,  said  resolution  was  laid  on  the  table,  subject  to  the  order 
of  the  Convention. 

The  President  announced  the  following  as  the  Committee  on  Expen- 
ditures, viz:  Messrs.  Johnston,  Clarke,  of  Johnson,  and  Parvin. 

The  Convention  then  resolved  itself  into  Committee  of  the  Whole, 
Mr.  Parvin  in  the  Chair,  upon  the  consideration  of  the  Report  of  the 
Committee  on  Education  and  School  Lands  :  and,  after  §ome  time  spent 
therein,  the  Committee  rose. 

The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  reported,  that  progress 
had  been  made  in  the  consideration  of  the  subject  before  them,  and  the 
Committee  asked  and  obtained  leave  to  sit  again. 

Mr.  Clarke,  of  Johnson,  offered  the  following : 

Resolved,  That  it  be  made  the  duty  of  the  Secretary  to  prepare  an 
enrolled  copy  of  the  Journal  of  the  Convention  and  Constitution,  which 
Journal  shall  be  signed  by  the  President  and  Secretaries,  and  filed  in 
the  office  of  the  Secretary  of  State  ; 

Which  resolution  was  adopted. 

Mr.  Johnston  offered  the  following  : 

Resolved,  That  the  compensation  of  the  officers  of  the  Convention 
shall  be  fixed  as  follows  : 

T.  J.  Saunders,  Secretary,  at dollars  per  diem  ; 

E.  N.  Bates,  Assistant  Secretary,  at dollars  per  diem  ; 

S.  C.  Trowbridge,  Sergeant- at- Arms,  at dollars  per  diem  ; 

Francis  Thompson,  Door-Keeper,  at dollars  per  diem  ; 

J.  H.  Merritt,  1st  Fireman,  at dollars  per  diem  ; 

John  Quaintance,  2d  Fireman,  at dollars  per  diem  ; 

James  Hawkins,  1st  Messenger,  at dollars  per  diem  ; 

George  Clearman,  2d  Messenger,  at dollars  per  diem  ; 

Willis  Conard,  3d  Messenger,  at dollars  per  diem  , 

The  blanks  in  said  resolution  having  been  filled,  so  as  to  allow  to  the 
Secretary  six  dollars  per  diem ;  to  the  Assistant  Secretary  five  dollars 
per  diem  ;  to  the  Sergeant- at- Arms,  Door  Keeper,  1st  Fireman  and 
2d  Fireman,  each  three  dollars  per  diem  ;  and,  to  each  of  the  Messen- 
gers, two  and  a  half  dollars  per  diem  ; 

The  same,  as  amended,  was  then  adopted. 


264 

Mr.  Johnston  offered  the  following  : 

Resolved,  That  Hon.  Francis  Springer  shall  receive  three  dollars  per 
day  for  his  services  as  President  of  the  Convention,  in  addition  to  his 
pay  and  mileage  as  a  member  of  the  Convention  ; 

Which  resolution  was  adopted. 

Mr.  Clarke,  of  Johnson,  offered  the  following  : 
Resolved,  That  the  Chaplain  be  paid  one  hundred  and  fifty  dollars 
for  his  services  ; 

Which  resolution  was  adopted. 

On  motion  of  Mr.  Skiff, 

The  Convention  then  adjourned. 


WEDNESDAY  AFTERNOON. 

At  two  o'clock,  P.  M.,  the  Convention  again  met. 

Mr.  Wilson  offered  the  following  resolutions  : 

Resolved,  That  W.  Blair  Lord  be  employed  to  superintend  the  pub- 
lication of  the  Debates  of  this  Convention,  and  to  prepare  an  index  to 

the  same,  and  that  he  be  allowed  the  sum  of  • —  dollars  for  his 

services. 

Resolved,  That  each  member  of  this  Convention  be  furnished  with 

copies  of  the  Debates  when  the  same  shall  have  been  published 

for  distribution. 

On  motion,  the  blank  in  the  first  resolution  was  filled  with  the  words 
"one  hundred  and  twenty  ;"  and,  the  blank  in  the  second  resolution, 
with  the  words  "twenty-five  ;" 

Mr.  Clarke,  of  Johnson,  moved  to  amend  the  second  resolution  so  as 
to  allow  to  the  Secretary,  Assistant  Secretary,  Reporters  and  Sergeant- 
at-Arms,  each  five  copies  of  the  Debates  :  and 

Mr.  Todhunter  moved  that  said  resolution  be  so  amended  as  to  allow 
the  Chaplain  three  copies  of  the  Debates  ; 


265 

Which  motions  were  agreed  to  respectively :  and 
The  resolutions,  as  amended,  were  adopted. 

Mr.  Palmer  moved  to  reconsider  the  vote  by  which  the  resolutions 
offered  by  Mr.  Wilson,  as  amended,  were  adopted  ; 

Which  motion  was  agreed  to. 

Mr.  Winchester  then  moved  that  said  resolutions  be  referred  to  a 
committee  of  three,  with  instructions  to  inquire  into  the  expediency  of 
increasing  the  number  of  copies  of  said  Debates,  to  be  printed ; 

Which  motion  was  agreed  to. 

The  Convention  then  resolved  itself  into  Committee  of  the  Whole, 
Mr.  Parvin  in  Chair,  upon  the  consideration  of  the  Report  of  the  Com- 
mittee on  Education  and  School  Lands :  and,  after  some  time  spent 
therein,  the  Committee  rose. 

The  Convention  having  again  come  to  order, 

Tne  Chairman  of  the  Committee  of  the  Whole  stated  that  they  had 
concluded  the  consideration  of  the  subject  before  them,  and  reported 
the  same  back  to  the  Convention  with  sundry  amendments  ; 

Which  report  was  received  and  the  Committee  discharged. 

Mr.  Wilson  then  moved  that  said  report  be  laid  upon  the  table,  and 
made  the  special  order  for  to-morrow  morning  at  nine  o'clock ; 
Which  motion  was  agreed  to. 

The  Convention  then  proceeded  to  the  consideration  of  the  Report 
of  the  Special  Committee  on  Incorporations  : 

Said  Report  having  been  read, 

Mr.  Wilson  offered  the  following  as  an  additional  section  to  said  Re- 
port, to  come  in  as  the  Seventh  Section  : 

SEC.  7.  If  a  general  banking  law  shall  be  enacted,  it  shall  provide 
for  the  registering  and  countersigning  by  an  officer  of  State  of  all  bills 
or  paper  credit  designed  to  circulate  as  money  and  require  security  to 
the  full  amount  thereof,  to  be  deposited  with  the  State  Treasurer  in 
United  States  stocks  or  in  interest-paying  stocks  of  States  in  good 
credit  and  standing  to  be  rated  at  ten  per  cent  below  their  average  value 
in  the  city  of  New  York  for  thirty  days  next  proceeding  their  deposit ; 
and,  in  case  of  a  depreciation  of  any  portion  of  said  stocks  to  the 
amount  of  ten  per  cent,  on  the  dollar,  the  bank  or  banks  so  depreciating 
shall  make  up  said  deficiency  by  depositing  additional  stocks  ;  said  law 
shall  also  provide  for  the  recording  of  the  names  of  all  stockholders  in 
17* 


such  corporations,  the  amount  of  stock  held  by  each,  the  time  of  any 
transfer,  and  to  whom  ; 

Upon  the  question  of  agreeing  to  the  same  the  yeas  and  nays  were 
demanded,  and  it  was  decided  in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Parvin, 

Bunker,  Patterson, 

Bay,  Peters, 

Ells,  Price, 

Emerson,  Robinson, 

Gibson,  Scott, 

Harris,  Seeley, 

Hollings  worth,  Todhunter, 

Johnston,  Wilson, 

Marvin,  Winchester, 

Palmer,  Springer,  (P.,)  22. 

NAYS. 

Messrs.  Clarke,  of  Henry,  Messrs.  Gray, 

Clarke,  of  Johnson,  Hall, 

Clark,  of  Alamakee,  Skiff, 

Edwards,  Solomon, 

Gillaspy,  Traer, 

Gower,  Wan-en, 
Young— 13. 

Mr.  Traer  moved  to  amend  the  Fourth  Section  of  said  Report  so  as 
to  cause  it  to  read  as  follows  : 

SEC.  4.  "No  political  or  municipal  corporation  shall  become  a  stock- 
holder in  any  banking  corporation,  directly  or  indirectly,  or  become  a 
stockholder  in,  or  loan  its  credit  to,  any  work  of  internal  improvement 
to  an  amount  exceeding  six  per  cent,  upon  the  assessed  value  of  such 
political  or  municipal  corporation  ;"  and 

The  Previous  Question  having  been  called  for, 

Upon  the  question, 

Shall  thfe  main  question  now  be  put  ? 

It  was  decided  in  the  affirmative,  a  majority  of  the  members  present 
voting  therefor ; 

Upon  the  question  of  agreeing  to  said  amendment,  the  yeas  and 
nays  were  demanded,  and  it  was  decided  in  the  negative,  as  follows : 


267 

YEAS. 

Messrs.  Clark,  of  Alamakee,          Messrs.  Seely, 
Edwards,  Skiff; 

Ells,  Todhfcjfc 

Gray,  Traer, 

Hollingsworth,  Warren, 

Wilson— 11. 


W.t 


NAYS. 

Messrs.  Ayers, 
Bunker, 

Clarke,  of  Henry, 
Clarke,  of  Johnson, 
Day, 
Emerson, 
Gibson, 
Gillaspy, 
Gower, 
Hall, 
Harris, 
Johnston, 


Messrs.  Marvin, 
Palmer, 
Parvin, 
Patterson, 
Peters, 
Price, 
Robinson, 
Scott, 
Solomon, 
Winchester, 
Young, 
Springer,  [P.]  24. 


The  question  now  being  upon  adopting  the  Report  of  the  Special 
Committee,  as  amended, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  neg- 
ative, as  follows  : 


YEAS. 

Messrs.  Bunker 

Clarke,  of  Johnson, 

Edwards, 

Gibson, 

Gower, 

Gray, 

Hall, 

Hollingsworth, 

NAYS. 

Messrs.  Ayers, 

Clarke,  of  Henry, 

Clark,  of  Alamakee, 

Day, 

Ells, 

Emerson, 


Messrs.  Johnston, 
Price, 
Skiff, 

Todhunter, 
Traer, 
Warren, 
Young, 
Springer,  [P.]  16. 


Messrs.  Palmer, 
Parvin, 
Patterson, 
Peters, 
Robinson, 
Scott, 


268 

Messrs.  Gillaspy,  Messrs.  Seely, 

Harris,  Solomon, 

Marvin,  Wilson, 
Winchester — 19. 

Mr.  Skiff  moved  that  the  Convention  do  now  adjourn  ; 

Mr.  Clark,  of  Alamakee,  moved  to  amend  by  making  the  time  of 
adjournment  to  seven  o'clock  this  evening  ; 

Which  motion  to  amend  was  disagreed  to  ;  and 
The  motion  to  adjourn  was  also  disagreed  to. 

The  Report  of  the  Committee  on  Incorporations,  as  amended  in  Con- 
vention, previous  to  its  reference  to  the  Special  Committee,  was  then 
taken  up  ;  and 

The  same  having  been  read, 

Mr.  Wilson  moved  the  following  as  a  Substitute  for  the  Second  Sec- 
tion of  said  Report : 

SEC.  2.  "The  property  of  all  corporations  for  pecuniary  profit,  now 
existing,  or  hereafter  created,  shall  forever  be  subject  to  taxation,  the 
same  as  property  of  individuals." 

Mr.  Solomon  moved  that  the  Convention  do  now  adjourn ; 
Which  motion  was  not  agreed  to. 

Mr.  Skiff  moved  that  the  Report  be  laid  on  the  table,  and  made  the 
special  order  for  Friday  next ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Peters, 

Clarke,  of  Johnson,  Price, 

Edwards,  Robinson, 

Emerson,  Scott, 

Gower,  Seely, 

Gray,  Skiff, 

Hall,  Solomon, 

Hollingsworth,  Traer, 
Young— 17. 

NAYS. 

Messrs.  Ayers,  Messrs.  Marvin, 

Clarke,  of  Henry,  Palmer, 


269 


Messrs.  Clark,  of  Alamakee, 
Day, 
Ells, 
Gibson, 
Gillaspy, 
Harris, 
Johnston, 


Messrs.  Parvin, 

Patterson, 

Todhunter, 

Warren, 

Wilson, 

Winchester, 

Springer,  [P.]  18. 


The  Substitnte  offered  by  Mr.  Wilson  was  then  disagreed  to. 

Mr.  Clarke,  of  Johnson,  offered  the  following  as  a  Substitute  for  that 
portion  of  the  Report  from  the  Sixth"  to  the  Seventeenth  Sections 
inclusive : 

SEC.  6.  Banking  institutions  maybe  provided  for  bylaw,  but  no  law 
creating  any  such  institution,  shall  be  in  force  and  take  effect,  until  the 
same  shall  have  been  submitted  to  a  vote  of  the  people,  and  received  a 
majority  of  the  votes  cast  upon  the  question  at  such  election  ; 

Mr.  Patterson  moved  that  the  Convention  do  now  adjourn  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  with  the  fol- 
lowing result : 


YEAS. 

Messrs.  Bunker, 

Clarke,  of  Johnson, 

Edwards, 

Emerson, 

Gower, 

Gray, 

Hall, 

Hollingsworth, 

Johnston, 

Palmer, 

Young— 21. 

NAYS. 

Messrs.  Ayers, 

Clarke,  of  Henry, 

Clark,  of    Alamakee, 

£)ay, 

Ells, 

Gibson, 

Gillaspy, 


Messrs.  Parvin, 

Patterson, 

Peters, 

Price, 

Robinson, 

Scott, 

Seely, 

Skiff, 

Solomon, 

Todhunter, 


Messrs.  Harris, 
Marvin, 
Traer, 
Warren; 
Wilson, 
Winchester, 
Springer,  [P.]  14. 


So  the  Convention  adjourned  till  nine  o'clock  to-morrow  morning. 


270 


THURSDAY  MORNING,  FEBRUARY  26,  1857. 

At  nine  o'clock,  A.  M.,  the  Convention  came  to  order,  the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

The  President  announced  Messrs.  Winchester,  Hall  andTodhunteraS 
the  committee  to  whom  the  resolutions  offered  by  Mr.  Wilson  yesterday, 
would  be  referred. 

Mr.  Gibson  offered  the  following,  which  under  the  Rule  was  laid  over 
one  day  for  consideration  : 

Resolved,  That  this  Convention  meet  each.evening  at  seven  o'clock, 
in  addition  to  the  regular  sessions,  during  the  remainder  of  said  Con- 
vention : 

Mr.  Johnston  offered  the  following  : 

Resolved,  That  a  Select  Committee  of  three  be  appointed  to  inquire 
into  the  expediency  of  reporting  an  additional  section  to  the  Article  on 
Education  and  School  Lands,  providing  for  the  proper  disposition  and 
investment  of  the  permanent  school  fund  ; 

Which  resolution  was  adopted  and  the  President  appointed  Messrs. 
Johnston,  Clarke,  of  Henry,  and  Clark,  of  Alamakee,  said  committee. 

Mr.  Clarke,  of  Johnson,  moved  that  the  consideration  of  the  special 
order  of  the  morning  be  postponed ; 

Which  motion  was  agreed  to. 

Mr.  Wilson  moved  to  reconsider  the  vote  taken  yesterday,  by  which 
the  Report  of  the  Special  Committee  on  Incorporations  was  dis- 
agreed to. 

The  Previous  Question  having  been  demanded, 

Upon  the  question, 

Shall  the  main  question  now  be  put  ? 

It  was  decided  in  the  affirmative,  a  majority  of  the  members  present 
voting  therefor. 


271 


Upon  the  question  of  reconsidering  said  vote  as  moved  by  Mr.  Wil- 
son, the  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirm- 
ative, as  follows  : 


YEAS. 

Messrs.  Bunker, 

Clarke,  of  Johnson, 

Edwards, 

Gibson, 

Gower, 

Gray, 

Hall, 

Hollingsworth, 

Johnston, 

Marvin, 

Parvin, 

Patterson, 

NAYS, 

Messrs.  Ayers, 

Clarke,  of  Henry, 
Clark,  of  Alamakee, 
Day, 
Ells, 

Robinson — 11. 


Messrs.  Price, 
Scott, 
Seely, 
Skiff, 
Solomon, 
Todhunter, 
Traer, 
Warren, 
Wilson, 
Winchester, 
Young, 


Springer,  [P.]  5*4. 


Messrs.  Gillaspy> 
Harris, 
Palmer, 
Peters, 
Emerson, 


Mr.  Wilson  then  moved  to  amend  said  Report  of  the  Special  Com- 
mittee by  adding  thereto  an  additional  section,  as  follows : 

"If  a  State  Bank  be  established,  the  branches  shall  be  mutually  re- 
sponsible for  each  others  liabilities  upon  all  paper  credit  issued  as  mo- 
ney, and  such  bank  shall  be  founded  on  an  actual  specie  basis  ;" 

Which  was  agreed  to. 

Mr.  Parvin  moved  to  amend  said  Report  by  adding  thereto  the  fol- 
lowing Section : 

"Every  stockholder  in  a  banking  corporation  or  institution  shall  be 
individually  responsible  and  liable  to  its  creditors  over  and  above  the 
amount  of  stock  by  him  or  her  held  to  an  amount  equal  to  his  or  her 
respective  shares  so  held  for  all  its  liabilities  ;" 

Mr.  Clark,  of  Alamakee,  moved  to  amend  said  proposed  additional 
bion  by  addding  thereto,  as  follows  : 

"And  in  all  cases  where  its  stock  shall  be  transferred,  the  liability 
>f  the  assignee  shall  not  cease  nor  shall  the  liability  of  the  assignee 


272 

commence  until  the  expiration  of  six  months  after  such  transfer  shall 
have  been  duly  recorded  as  provided  by  law  ;" 

Upon  the  question  of  agreeing  to  said  amendment  to  the  amendment 
the  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  negative, 
as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Harris, 

Clarke,  of  Henry,  Marvin, 

Clark,  of  Alamakee,  Palmer, 

Day,  Peters, 

Ells,  Price, 

Emerson,  Robinson, 

Gibson,  Scott, 

Gillaspy,  Seely, 
Solomon — 17. 

NAYS. 

Messrs.  Bunker,  Messrs.  Patterson, 

Clarke,  of  Johnson,  Skiff, 

Edwards,  Todhunter, 

Gower,  Traer, 

Gray,  Warren, 

Hall,  Wilson, 

Hollingsworth,  Winchester, 

Johnston,  Young, 

Parvin,  Springer,  [P.]  18. 

Mr*  Emerson  moved  to  amend  said  proposed  Section,  by  adding 
thereto  as  follows : 

"The  officers  and  stockholders  of  every  corporation  or  association 
for  banking  purposes,  issuing  bank  notes  or  paper  credits  to  circulate 
as  money,  shall  be  individually  liable  for  all  debts  contracted  during 
the  time  of  their  being  officers  or  stockholders  of  such  corporation  or 
association ;" 

*  Upon  the  question  of  agreeing  to  the  amendment  to  the  amendment, 
the  yeas  and  nays  were  demanded,  and  it  was  decided  in  the*negative, 
as  follows : 

YEAS. 

Ayers,  Messrs,  Gibson, 
Clarke,  of  Henry,  Gillaspy, 

Clark,  of  Alamakee,  Harris, 

Day,  Peters, 

Emerson,  Solomon, — 10. 


273 

NAYS. 

Messrs.  Bunker,  Messrs.  Price, 

Clarke,  of  Johnson,  Robinson, 

Elwards,  Scott, 

Ells,  Seely, 

Gray,  Skiff, 

Hall,  Todhunter, 

Hollingsworth,  Traer, 

Johnston,  Warren, 

Marvin,  Wilson, 

Palmer,  Winchester, 

Parvin,  Young, 

Patterson,  Springer  [P.]  '24. 

'Mr.  Clarke,  of  Henry,  moved  to  amend  said  proposed  Section  by 
adding  thereto,  as  follows :  " Accruing  while  he  or  she  remains  such 
stockholder  ;" 

Which  amendment  was  accepted  by  the  mover. 

Mr.  Clarke,  of  Johnson,  moved  to  amend  said  proposed  section  by 
adding  thereto,  as  follows  :  "And  that  no  person  while  a  stockholder 
shall  be  allowed  to  transfer  any  of  his  personal  or  real  property  ," 

Which  amendment  was  not  agreed  to. 

The  question  now  being  upon  agreeing  to  said  proposed  Section,  as  • 
amended  by  Mr.  Clarke,  of  Henry, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirma- 
tive, as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Palmer, 

Clarke,  of  Henry,  Parvin, 

Clark,  of  Alamakee,  Patterson, 

Day,  Peters, 

Edwards,  Price, 

Ells,  Robinson, 

Emerson,  Scott, 

Gibson,  Seely, 

Gillaspy,  Solomon, 

Gower,  Todhunter, 

Gray,  Traer, 

Harris,  Wilson, 

Johnston,  Winchester, 

Marvin,  Young, 

Springer,  [Prest.,]  29. 
18 


274 

NAYS. 

Messrs.  Bunker,  Messrs.  Hollingsworth, 

Clarke,  of  Johnson,  Skiff, 

Hall,  Warren— 6. 

Mr.  Traer  moved  to  amend  said  Report  by  adding  thereto  the  follow- 
ing Section  : 

"The  President  and  Directors  of  every  banking  company  or  associ- 
ation incorporated  under  the  laws  of  this  State,  shall  be  personally 
liable  to  the  stockholders,  bill  holders,  and  depositors  for  all  frauds  and 
defalcations  perpetrated  by  the  bank  or  its  officers  during  the  term  of 
their  office  ;" 

Upon  the  question  of  agreeing  to  said  motion  the  yeas  and  nays  were 
demanded,  and  it  was  decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Palmer, 

Day,  Parvin, 

Emerson,  Patterson, 

Gillaspy,  Peters, 

Harris,  Solomon, 

Johnston,  Traer, 
Springer,  (Prest.,) — 13. 

NAYS. 

Messrs.  Bunker,  Messrs.  Marvin, 

Clarke,  of  Henry,  Price, 

Clarke,  of  Johnson,  Robinson, 

Clark,  of  Alamakee,  Scott, 

Edwards,  Secly, 

Ells,  Skiff, 

Gibson,  Todlmnter, 

Gower,  Warren, 

Hall,  Wilson, 

Hollingsworth,  Winchester, 
Young— 21. 

jMr.  Parvin  offered  the  following  as  an  additional  Section  to  said 
report : 

"In  case  of  the  insolvency  of  any  banking  institution  the  bill  holders 
have  a  preference  over  its  other  creditors,  and  the  suspension  of  specie 
payments  by  banking  institutions  shall  never  be  permitted  or  sanc- 
tioned ;" 

Which  was  agreed  to. 


275 


Mr.  Solomon  moved  to  strike  out  the  Fourth  and  all  subsequent  sec- 
tions of  said  Report  and  insert  a  section  in  lieu  thereof,  as  follows : 

"The  power  to  issue  paper  money  shall  not  be  granted  bj  this 
State ;" 

The  Previous  question  having  been  demanded, 

Upon  the  question, 

Shall  the  main  question  now  be  put  ? 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in   the  nega- 
tive as  follows : 


YEAS. 

Messrs.  Clark,  of  Alamakee, 
Hall, 
Parvin, 
Robinson, 
Skiff, 

NATS. 

Messrs.  Ayers, 
Bunker, 

Clarke,  of  Henry, 
Clarke,  of  Johnson, 
Day, 
Edwards, 
Ells, 

Emerson, 
Gibson, 
Gillaspy, 
Gower, 
Gray, 


Messrs.  Todhunter, 
Traer, 
Wilson, 
Winchester, 
Young— 10. 


Messrs.  Harris, 

Hollings  worth, 

Johnston, 

Marvin, 

Palmers 

Patterson, 

Peters, 

Price, 

Scott, 

Seely, 

Solomon, 

Warren, 


Springer,  (Prest. , ) — 25. 

Mr.  Hall  moved  that  said  Report,  with  amendments  thereto,  be  lai  I 
upon  the  table  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
jcided  in  the  negative,  as  follows : 


YEAS. 

Messrs.  Clarke,  of  Johnson, 
Edwards, 
Emerson, 
Gillaspy, 


Messrs.  Hall, 

Johnston, 
Price, 
Warren— 8. 


276 

NAYS. 

Messrs.  Ayers,  Messrs.  Parvin, 

Bunker,  Patterson, 

Clarke,  of  Henry,  Peters, 

Clark,  of  Alaniakee,  Robinson, 

Day,  Scott, 

Ells,  Seely, 

Gibson,  Skiff, 

Gower,  Solomon, 

Gray,  Todhunter, 

Harris,  Traer, 

Hollingsworth,  Wilson, 

Marvin,  Winchester, 

Palmer,  Young, 
Springer,  (Prest.,)— 27. 

The  question  now  being  upon  agreeing  to  the  motion  of  Mr.  Solomon, 
the  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  negative, 
as  follows  : 

YEAS. 
Messrs.  Ayers,  Messrs.  Peters, 

Emerson,  Solomon— 4. 

NAYS. 

Messrs.  Bunker,  Messrs.  Marvin, 

Clarke,  of  Henry,  Palmer, 

Clarke,  of  Johnson,  Parvin, 

Clark,  of  Alamakee,  Patterson, 

Day,  Price, 

Edwards,  Robinson, 

Ells,  Scott, 

Gibson,  Seeply, 

Gillaspy,  Skiff, 

Gower,  Todhunter, 

Gray,  Traer, 

Hall,  Warren, 

Harris,  Wilson, 

Hollingsworth,  Winchester, 

Johnston,  Young, 
Springer,  (Prest.)  31. 

Mr.  Clarke,  of  Johnson,  moved  to  amend  said  Report  by  striking 
out  all  after  the  Fourth  Section  and  substituting,  as  follows : 

"The  General  Assembly  shall  provide  by  law  for  the  creation  of 


277 


banking  institutions,  but  no  such  law  shall  take  effect  and  be  in  force 
until  the  same  shalHiave  been  submitted  to  a  vote  of  the  people,  and 
received  a  majority  of  the  votes  cast  for  and  against  the  proposed  law 
at  such  election  ;" 

The  Previous  Question  having  been  demanded, 

Upon  the  question, 

Shall  the  main  question  now  be  put  ? 

It  was  decided  in  the  affirmative,  a  majority  of  the  members  present 
voting  therefor. 

Upon  the  question  of  agreeing  to  the  motion  of  Mr.  Clarke,  of 
Johnson,  the  yeas  and  nays  were  demanded,  and  it  was  decided  in  the 
negative,  as  follows  : 

YEAS.' 

Messrs.  Bunker,  Messrs.  Hall, 

Clarke,  of  Johnson,  Skiff, 

Warren — 5. 


NAYS. 

Messrs.  Ayers, 

Clarke,  of  Henry, 

Clark,  of  Alamakee, 

Day, 

Edwards, 

Ells, 

Emerson, 

Gibson, 

Gillaspy, 

Gower, 

Gray, 

Harris, 

Hollings  worth, 

Johnston, 

Marvin, 

The  question  now  being  upon  the 
Special  Committee,  as  amended, 

The  yeas  and  nays  were  demanded, 
ative,  as  follows : 


YEAS, 


Messrs.  Ayers, 
Bunker, 


Messrs.  Palmer, 
Parvin, 
Patterson, 
Peters', 
Price, 
Robinson, 
Scott, 
Seely, 
Solomon, 
Todhunter, 
Traer, 
Wilson, 
Winchester, 
Young, 
Springer,  (P.)  30. 

adoption  of  said  Report  of  the 
and  it  was  decided  in  the  affirm- 


Messrs.  Marvin, 
Palmer, 


2T8 


Messrs.  Clarke,  of  Henry, 

Clark,  of  Alamakee, 

Day, 

Edwards, 

Ells, 

Gibson, 

Gillaspy, 

Gower, 

Gray, 

Hall, 

Harris, 

Hollingsworth, 

Johnston, 

NAYS. 

Messrs.  Clarke,  of  Johnson, 
Emerson, 

Warren — 5. 


Messrs.  Parvin, 

Patterson, 

Price, 

Robinson, 

Scott, 

Bcely, 

Skiff, 

Todhunter, 

Traer, 

Wilson, 

Winchester, 

Young, 

Springer,  (P.)  30 


Messrs.  Peters, 

Solomon, 


Mr.  Traer  moved  that  said  Report,  as  amended,  be  ordered  to  a  third 
reading  and  that  it  be  referred  to  the  Committee  on  Revision,  Engross- 
ment and  Erollment ; 

Which  motion  was  agreed  to. 

On  motion  of  Mr.  Traer, 

The  Convention  then  resolved  itself  into  Committee  of  the  Whole,  Mr. 
Todhunter  in  the  Chair,  upon  the  Report  of  the  Committee  on  Mis- 
cellaneous Matter  :  arid,  after  some  time  spent  therein,  the  Committee 
rose. 

The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  reported,  that  pro- 
gress had  been  made  in  the  consideration  of  the  subject  before  them, 
and  the  Committee  asked  and  obtained  leave  to  sit  again. 

On  motion  of  Mr.  Warren, 
The  Convention  then  adjourned. 


379 


THURSDAY  AFTERNOON. 

At  two  o'clock,  P.  M.,  the  Convention  again  met. 

The  Convention  resolved  itself  into  Committee  of  the  Whole,  Mr. 
Todhunter  in  the  Chair,  upon  the  consideration  of  the  Report  of  the 
Committee  on  Miscellaneous  Matter  ;  and,  after  some  time  spent  there- 
in, the  Committee  rose. 

The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  stated,  that  they  had 
concluded  the  consideration  of  the  subject  before  them,  and  reported 
the  same  back  to  the  Convention  with  sundry  amendments. 

On  motion,  said  report  was  received  and  the  Committee  were  dis- 
charged. 

The  Report  of  the  Committee  of  the  Whole  upon  the  Report  of  the 
Committee  on  Miscellaneous  Matter  with  the  amendments  made  thereto, 
was  then  taken  up  for  consideration. 

The  First  Section  of  said  Report  being  under  consideration,  as 
follows : 

SEC.  1.  "The  jurisdiction  of  Justices  of  the  Peace  shall  extend  to 
all  civil  courts,  (except  cases  in  chancery  and  cases  where  the  question 
of  title  to  any  real  estate  may  arise,)  when  the  amount  in  controversy 
does  not  exceed  fifty  dollars,  and,  by  the  consent  of  parties  may  be  ex- 
tended to  any  amount  not  exceeding  three  hundred  dollars  ;"  and, 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole  to  said  Section  by  striking  out  the  word  "fifty" 
and  inserting  the  word  "one  hundred," 

The  same  was  agreed  to. 

The  Fifth  Section  of  said  Report  being  under  consideration,  as 
foilows  : 

5.  "In  all  cases  of  elections  to  fill  vacancies  in  office,  occurring  before 
the  expiration  of  a  full  term,  the  person  so  elected  shall  hold  for  the 
residue  of  the  unexpired  term  and  no  longer  unless  re-elected  and  all 
persons  appointed  to  fill  vacancies  in  office  shall  hold  until  the  next  gen- 
eral election  only  ;"  and 


280 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole  to  said  section  by  striking  out  the  words  "and  no 
longer  unless  re-elected"  near  the  middle  thereof,  and  also  the  word 
"only"  at  the  end  thereof,  and  adding  the  words  uand  until  their  suc- 
cessors are  elected  and  qualified," 

The  same  was  agreed  to. 

The  Sixth  Section  of  said  Report  being  under  consideration,  as 
follows  : 

6.  The  State  University  shall  consist  of  a  single  institution  and  be 
permanently  located  at  Iowa  City.  The  present  State  Capitol,  with 
.such  improvements  and  additions  as  may  be  provided  for  by  law,  shall 
be  occupied  by  the  State  University  when  not  used  by  the  State  for 
other  purposes  ; 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole  by  striking  out  said  Section, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirm- 
ative, as  follows : 


YEAS. 

Messrs.  Ayers, 

Messrs.  Peters, 

Clark,  of  Alamakee, 

Price, 

Day, 

Robinson, 

Edwards, 

Scott, 

Emerson, 

Seely, 

Gibson, 

Skiff, 

Gillaspy, 

Solomon, 

Hall,    ' 

Todhanter, 

Harris, 

Warren, 

Johnston, 

Wilson, 

Marvin, 

Winchester, 

Patterson, 

Young  —  24.     . 

i 

NAYS. 

Messrs.  Bunker, 

Messrs.  Gray, 

Clarke,  of  Henry, 

Rollings  worth, 

Clarke,  of  Johnson, 

Palmer, 

Ells, 

Parvin, 

Gower, 

Traer, 

Springer  [Prest.,] 

11. 

The  Seventh  Section  of  said  Report  being  under  consideration,  as 
follows : 

SBC.  T.  The  General  Assembly  shall  not  locate  any  of  the  public 


281 

lands  which  have  been  or  which  may  be  granted  by  Congress  to  this  State, 
and  the  location  of  which  may  be  given  to  the  General  Assembly,  upon 
lands  actually  settled,  without  the  consent  of  the  occupant ;  the  extent 
of  the  claim  of  such  occupant  so  exempted  shall  not  exceed  three  hun- 
dred and  twenty  acres ;" 

Upon  the  question  of  agreeing  to  the  amendment  made  in  Committee 
of  the  Whole,  to  strike  out  said  section, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  nega- 
tive, as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Robinson, 

Day,  Scott, 

Edwards,  Seely, 

Emerson,  Todhunter, 

Gray,  Warren, 

Hall,,  Winchester, 

Patterson,  Young, 

Peters,  Springer  (P.)  16. 

NAYS. 

Messrs.  Bunker,  Messrs.  Rollings  worth, 

Clarke,  of  Henry,  Johnston, 

Clarke,  of  Johnson,  Marvin, 

Clark,  of  Alamakee,  Palmer, 

Ells,  Parvin, 

Gibson,  Price, 

Gillaspy,  Skiff, 

Gower,  Solomon, 

Harris,  Traer, 
Wilson— 19. 

The  amendment  made  in  Committee  of  the  Whole  to  said  Report  by 
affixing  thereto  an  additional  Section,  being  under  consideration,  as 
follows : 

8.  "No  law  that  may  hereafter  be  passed  by  the  Legislature  and  be 
approved  by  the  Governor  shall  be  submitted  to  the  people  to  be  voted 
upon  previous  to  taking  effect,  subject  to  the  foregoing  provisions  of 
this  Constitution,"  and 

The  question  being  upon  agreeing  to  said  amendment,  the  yeas  and 
nays  were  demanded  and  it  was  decided  in  the  negative,  as  follows : 

YEAS. 
Messrs.  Ayers,  Messrs.  Price, 

Emerson,  Robinson, 

18* 


282 

Messrs.  Gillaspy,  Messrs.  Seely, 

Hall,  Skiff, 

Palmer,  Solomon, 

Patterson,  Todhunter, 
Winchester— 13. 

NAYS. 

Messrs.  Bunker,  Messrs.  Hollingsworth, 

Clarke,  of  Henry,  Johnston, 

Clarke,  of  Johnson,  Marvin, 

Clark,  of  Alamakee,  Parvin, 

Day,  Peters, 

Edwards,  Scott, 

Ells,  Traer, 

Gibson,  Warren, 

Gower,  Wilson, 

Gray,  Young; 

Harris,  Springer,  (P. )  22. 

The  amendments  made  in  Committee  of  the  Whole  to  said  Report 
having  been  all  considered, 

Mr.  Edwards  moved  the  following  as  an  additional  Section  thereto : 

4 'No  county  or  other  political  or  municipal  corporation  shall  be  allow- 
ed to  become  indebted  in  any  manner  or  for  any  purpose  to  an  amount 
in  the  aggregate  exceeding  Hve  per  centum  on  the  value  of  the  taxable 
property  within  such  county  or  corporation,  to  be  ascertained  by  the 
last  State  and  county  tax  lists  ;" 

Mr.  Emerson  offered  the  following  as  a  Substitute  for  said  proposed 
Section  : 

"No  political  or  municipal  corporation  shall  become  a  stockholder  in 
any  corporate  company,  nor  shall  the  bonds  or  other  evidences  of  in- 
debtedness be  loaned  directly  or  indirectly  to  aid  in  any  work  of  inftr- 
nal  improvement ;" 

Upon  the  question  of  agreeing  to  said  Substitute,  the  yeas  and  nays 
were  demanded  and  it  was  decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Gray, 

Clarke,  of  Henry,  Hall, 

Clark,  of  Alamakee,  Palmer, 

Day,  Solomon, 

Emerson,  Warren, 

Winchester — 11. 


283 

NAYS. 

Messrs.  Bunker,  Messrs.  Patterson, 

Clarke,  of  Johnson,  Peters, 

Edwards,  Price, 

Ells,  Robinson, 

Gibson,  Scott, 

Gillaspy,  Seely, 

Gower,  Skiff, 

llarr  i  s ,  To  dhunter , 

Hollingsworth,  Traer, 

Johnston,  Wilson, 

Marvin,  Young, 

Parvin,  Springer  [P.]  24. 

Upon  the  question  of  agreeing  to  the  additional  Section  offered  by 
Mr.  Edwards,  the  yeas  and  nays  were  demanded  and  it  was  decided  in 
the  affirmative,  as  follows : 

YEAS. 

Messrs.  Clarke,  of  Henry,  Messrs.  Marvin, 

Clark,  of  Alamakee,  Scott, 

Day,  Seely, 

Edwards,  Skiff, 

Ells,  Todhunter, 

Gower,  Traer, 

Gray,  Warren, 

Hall,  Wilson, 

Hollingsworth,  Young, 
Springer,  (Prest.,) — 19. 

NAYS. 

Messrs.  Ayers,  Messrs.  Palmer, 

Bunker,  Parvin, 

Clarke,  of  Johnson,  Patterson, 

Emerson,  Peters, 

Gibson,  Price, 

Gillaspy,  A  Robinson, 

Harris,  Solomon, 

Johnston,  Winchester — 16, 

Mr.  Skiff  offered  the  following  as  an  additional  Section  to  said 
Report : 

"No  person  shall  be  eligible  to  any  office  in  this  State  until  he  is  a 


284 

voter  in  the  election  district  where  he  is  to  exercise  the  functions  of  his 
office ;" 

Which  was  not  agreed  to. 

Mr.  Winchester  offered  the  following  as  an  additional  Section  to  said 
Report : 

"The  General  Assembly  shall  have  the  power  to  prohibit  the  manu- 
facture and  sale  of  intoxicating  liquors  ;" 

Mr.  Harris  moved  that  the  same  be  laid  on  the  table  ; 

Upon  this  question  the  yeas  and  naya  wero  demanded  and  it  was  de- 
cided in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Parvin, 

Clark,  of  Alamakee,  Patterson, 

Edwards,  Peters, 

Emerson,  Price, 

Gibson,  Robinson, 

Gillaspy,  Scott, 

,  Hall,  Seely, 

Harris,  Solomon, 

Johnston,  Wilson, 

Palmer,  Young — 20. 

NAYS. 

Messrs.  Bunker,  Messrs.  Hollingsworth, 

Clarke,  of  Henry,  Marvin, 

*  Clarke,  of  Johnson,  Skiff, 

Day,  Todhunter, 

Ells,  Traer, 

Gower,  Warren, 

Gray,  Winchester, 
Springer,  (Prest.,)  15. 

Mr.  Warren  offered  the  following  as  an  additional  Section  to  said 
Report : 

"No  contractor  or  hands  employed  in  building  railroads  or  other  pub- 
lic improvements  shall  be  entitled  to  vote  in  any  county,  city  or  town 
upon  said  county,  city  or  towns'  taking  stock  or  issuing  bonds  for  such 
railroad  or  public  improvement,  unless  a  resident  six  months  in  said 
county,  city  or  town,  prior  to  offering  to  vote  ;" 

Upon  the  question  of  agreeing  said  proposed  Section  the  yeas  and 
nays  were  demanded,  and  it  was  decided  in  the  negative,  as  follows  : 


285 
YEAS. 


Messrs.  Clarke,  of  Henry, 
Day, 

Edwards, 
Ells, 


Messrs.  Marvin, 
Scott, 
Skiff, 
Warren — 8 . 


NAYS. 


Messrs.  Ayers, 
Bunker, 

Clarke,  of  Johnson, 
Clark,  of  Alamakee, 
Emerson, 
Gibson, 
Gillaspy, 
Gower, 
Gray, 
Hall, 
Harris, 

Hollings  worth, 
Johnston, 

Springer,  ( Prest. , ) — 27. 


Messrs.  Palmer,     . 
Parvin, 
Patterson, 
Peters, 
Price, 
Robinson, 
Seely, 
Solomon, 
Todhunter, 
Traer, 
Wilson, 
Winchester, 
Young, 


On  motion  said  Report,  as  amended,  was  ordered  to  have  a  third 
reading  and  was  referred  to  the  Committee  on  Revision,  Engrossment 
and  Enrollment. 

Mr.  Winchester  moved  that  when  the  Convention  adjourns,  it  will  ad- 
journ until  seven  o'clock  this  evening  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  negative,  as  follows  : 


YEAS. 

Messrs.  Clarke,  of  Johnson, 
Clark,  of  Alamakee, 
Day, 
Edwards, 
Gibson, 


Messrs.  Marvin, 

*   Robinson,   ' 
Traer, 
Wilson, 
Winchester, 


Young  —  11. 


Messrs.  Ayers, 
Bunker, 
Clarke,  of  Henry, 

Ells, 


Messrs.  Palmer, 
Parvin, 
Patterson, 
Peters, 


286 
> 

Messrs.  Emerson,  Messrs.  Price, 

Gillaspy,  Scott, 

Gower,  Seely, 

Gray,  Skiff, 

Hall,  Solomon, 

Harris,  Todhunterj 

Hollingsworth,  Warren, 

Johnston,  Springer  [P.]  24. 

On  motion  of  Mr.  Hall, 

The  Convention  then  adjourned. 


FRIDAY  MORNING,  FEBRUARY  27,  1857. 

At  nine  o'clock,  A.  M.,  the  Convention  came  to  order,  the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

On  motion  of  Mr.  Traer, 

The  resolutions  offered  by  Mr.  Parvin  on  Wednesday  last,  were  taken 
up,  as  follows  :  , 

Resolved,  That  John  Mahin  is  hereby  employed  to  print  — — — 
copies  of  the  Journal  of  the  Secretary,  and  that  he  be  paid  as  a  com- 
pensation therefor  the  same  amount  as  is  paid  to  the  State  Printer  for 
like  services. 

Resolved^  That  the  Secretary  (T.  J.  Saunders)  be  employed  to 
superintend  the  printing  of,  arid  to  distribute  the  said  Journal,  and  that 

he  be  allowed dollars  as  compensation  in  full  for  his 

services. 


Resolved^  That  John  Mahin  be  employed  to  print 


287 

copies  of  the  amended  Constitution  separate  from  the  Journal,  and  that 
he  be  paid  therefor  the  same  as  the  State  Printer,  for  like  services. 

Mr.  Gower  moved  to  fill  the  blank  in  the  first  resolution  with  the 
words  "fifteen  hundred  ;" 

Mr.  Marvin  moved  to  fill  said  blank  with  the  words  "twenty- fire 
hundred ;" 

The  motion  of  Mr.  Marvin  was  disagreed  to,  and 

The  motion  to  fill  said  blank  with  the  words  "fifteen  hundred"  wa« 
then  agreed  to. 

Mr.  Parvin  moved  to  fill  the  blank  in  the  second  resolution  with  the 
words  "four  hundred  ;" 

Pending  the  consideration  of  said  motion, 

Mr.  Clarke,  of  Johnson,  moved  that  said  resolutions  be  referred  to 
a  Select  Committee  of  three  : 

Which  motion  was  agreed  to,  and  the  President  appointed  Messrs. 
Clarke,  of  Johnson,  Hall  and  Parvin  said  committee. 

Mr.  Clarke,  of  Johnson,  moved  that  the  resolutions  offered  by  him 
on  Wednesday  last,  relative  to  printing  the  Constitution  in  German,  be 
referred  to  the  same  committee  ; 

Which  motion  was  agreed  to. 

Mr.  Gibson  offered  the  following : 

Resolved,  That  the  Select  Committee  just  appointed  be  instructed 
to  inquire  into  the  expediency  of  having  one  thousand  copies  of  the 
Constitution  printed  in  the  Holland  language,  and  that  Henry  Scholte, 
of  Pella,  Marion  county,  bo  employed  to  print  and  superintend  the 
same,  and  that  he  be  allowed  the  same  compensation  as  provided  by 
law  ; 

Which  resolution  was  adopted. 

The  resolution  offered  by  Mr.  Gibson  yesterday,  relative  to  holding 
evening  sessions,  was  taken  up  for  consideration  :  and 

On  motion  of  Mr.  Skiff, 

The  same  was  indefinitely  postponed. 

The  Convention  then  proceeded  to  the  consideration  of  the  Report 
of  the  Committee  on  Education  and  School  Lands,  as  amended  in  Com- 
mittee of  the  Whole : 


288 

The  first  Section  of  said  Report  being  under  consideration,  as  fol- 
lows : 

SEC.  1.  "The  educational  interests  of  the  State,  to  include  common 
schools  and  other  educatioual  institutions,  shall  be  under  the  manage- 
ment and  control  of  a  Board  of  Education,  which  shall  consist  of  six- 
teen members  ;"and, 

The  question  being  upon  agreeing  to  the  amendment  made  in  Commit- 
tee'of  the  Whole  by  striking  out  the  words  "sixteen  members''  arid  in- 
serting in  lieu  thereof  the  words  "of  one  member  from  each  judicial 
district," 

The  same  was  agreed  to. 

The  Second  Section  of  said  Report  being  under  consideration,  as 
follows  : 

SEC.  2.  "No  person  shall  be  eligible  as  a  member  of  said  Board, 
who  shall  not  have  attained  the  age  of  twenty-five  years  and  been  two 
years  a  citizen  of  the  State  ;"  and, 

Upon  the  question  of  agreeing  to  the  amendment  made  in  Committee 
of  the  Whole  to  said  Section  by  striking  out  the  word  "two'*  in  the 
latter  part  thereof,  and  inserting  the  word  "one'5  in  lieu  thereof, 

The  same  was  agreed  to. 

The   Third   Section  of  said  Report  being  under  consideration,  and 
the  question  being  upon  agreeing  to  the  amendments  made  in  Comniit- 
.  tee  of  the  Whole,  causing  said  Section  to  read  as  follows  : 

SEC.  3.  "One  member  of  said  Educational  Board  shall  be  chosen  by 
the  qualified  electors  of  each  district,  and  shall  hold  his  office  for  the 
term  of  four  years  ;  and  after  the  first  election  under  this  Constitution, 
the  Board  shall  be  divided  by  lot  as  nearly  as  practicable  into  two 
equal  classes,  and  the  seats  of  the  first  class  shall  be  vacated  after  the 
expiration  of  two  years,  and  one-half  of  the  Board  shall  be  chosen 
every  two  years  thereafter," 

The  same  was  agreed  to. 

The  Fifth  Section  of  said  Report  being  under  consideration,  as 
follows  : 

SEC.  5.  "The  session  of  the  said  Board  shall  be  limited  to  twenty 
days,  and  but  one  session  shall  be  held  in  one  year  except  upon  extra- 
ordinary occasions,  when  upon  the  recommendation  of  two -thirds  of  the 
Board,  the  Govornor  may  order  a  Special  Session ;"  and, 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole  to  said  Section,  by  adding  thereto  as  follows : 
"  And  each  member  of  such  Board  shall  perform  such  duties  in  the 


289 

District  in  which  he  is  elected,  as  Superintendent  of  Schools,  as  may 
be  provided  by  law  ;" 
The  same  was  agreed  to. 

The  Sixth  Section  of  said  Report  being  under  consideration,  as  fol- 
lows: 

SEC.  6.  The  Board  of  Education  shall  organize  by  appointing  from 
their  body  a  presiding  officer  and  the  appointment  of  a  Secretary,  and 
other  inferior  officers  usual  in  Legislative  Assemblies.  They  shall  keep 
and  publish  a  Journal  of  their  proceedings,  which  shall  be  distributed 
in  the  same  manner  as  the  Journals  of  the  General  Assembly ; "  and, 

The  question  being  upon  agreeing  to  the  amendments  made  in 
Committee  of  the  Whole  to  said  section  by  striking  out  the  word 
"inferior"  and  inserting  in  lieu  thereof  the  word  "necessary  ;  "  also, 
by  striking  out  the  words  "usual  in  Legislative  Assemblies  ; " 

The  same  were  agreed  to. 

The  Tenth  Section  of  said  Report  being  under  consideration  as  fol- 
lows: 

SEC.  10.  "The  Board  of  Education  shall  provide  a  system  of  Com- 
mon Schools  by  which  a  school  shall  be  organized  and  kept  in  each 
district  at  least  three  months  in  each  year.  Districts  failing  to  organise 
and  keep  up  a  school  may  be  deprived  of  their  portion  of  the  School 
Fund  ;  "  and, 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole  to  said  section  by  striking  out  the  word  "three" 
and  inserting  the  word  "six," 

Mr.  Skiff  moved  to  amend  the  amendment  by  striking  out  the  word 
"six"  and  inserting  the  word  "four  ;  " 
Which  motion  was  not  agreed  to. 

The  yeas  and  nays  having  been  demanded  upon  agreeing  to  the 
amendment  made  in  Committee  of  the  Whole,  it  was  decided  in  the 
negative,  as  follows : 

YEAS. 

Messrs.  Clarke,  of  Henry,  Price, 

Emerson,  Robinson, 

Gibson,  Skiff, 

Hall,  Solomon, 

Johnston,  Todlmnter, 

Marvin,  Warren, 

Patterson,  Winchester, 

Peters,  Young — 16. 
19 


290 

NAYS. 

Messrs.  Bunker,  Messrs.  Harris, 

Clarke,  of  Johnson,  Hollingsworth, 

Clark,  of  Alamakee,  Palmer, 

Day,  Parvin, 

Ells,  Scott, 

Gillaspj,  Seeley, 

Gower,  Traer, 

Gray,  Wilson, 
Springer,  [Prest.,]  17. 

The  Eleventh  Section  being  under  consideration,  as  follows  : 

SEC.  11.  "The  Board  of  Education  shall  establish  one  University, 
which  shall  be  located  at  some  central  point  in  the  State ;  provided 
that  until  such  time  as  said  location  may  be  made  and  suitable  build- 
ings erected,  said  University  shall  continue  as  at  present  located  ;"  and, 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole  by  striking  out  said  section, 
The  same  was  agreed  to- 

The  Twelfth  Section  of  said  Report  being  under  consideration,  as 
follows ; 

SEC.  12.  "The  University  lands  and  the  proceeds  thereof  and  all 
monies  belonging  to  said  Fund  shall  be  a  permanent  fund  for  the  sole 
use  of  the  said  University.  The  interest  arising  from  the  same  shall 
be  annually  appropriated  for  the  support  and  benefit  of  said  University  ;" 
and, 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole  to  said  section,  by  striking  out  the  word  "said" 
where  it  occurs  before  the  word  "University,"  near  the  middle  of  the 
section,  and  inserting  the  words  "the  State," 

The  same  was  agreed  to. 

The  Seventeenth  Section  of  said  Report  being  under  consideration, 
as  follows : 

SEC.  17.  The  money  subject  to  the  support  and  maintenance  of 
Common  Schools  shall  be  distributed  to  the  districts  in  proportion  to 
the  number  of  unmarried  youths  between  the  ages  of  five  and  twenty- 
one  years ; "  and, 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole,  by  adding  thereto  the  words  "in  such  manner  aa 
may  be  provided  by  the  General  Assembly," 

The  same  was  agreed  to. 


291 

The  Eighteenth  section  of  said  Report  being  under  consideration,  as 
follows  : 

SEC.  18.  The  Board  of  Education  shall  each  receive  the  same  per 
diein  and  mileage  as  their  compensation,  ae  members  of  the  General 
Assembly ; "  and, 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole  to  said  section,  by  inserting  near  the  beginning  of 
said  section  between  the  word  "the"  and  "Board"  the  words  "members 
of  the," 

The  same  was  agreed  to. 

The  amendments  made  in  Committee  of  the  Whole  to  said  Report 
having  all  been  considered,  ' 

Mr.  Clarke,  of  Johnson,  moved  to  strike  out  the  words  "twenty 
days  and,"  near  the  commencement  of  the  Fifth  Section  of  said 
Report ; 

Which  motion  was  not  agreed  to. 

Mr.  Marvin  moved  to  amend  the  Tenth  Section  of  said  Report,  by 
striking  out  the  first  clause  thereof  and  inserting  as  follows  : 

"The  Legislature  shall  provide  for  raising  funds  sufficient  so  that 
schools  shall  be  kept  in  each  District  at  least  six  months  in  each  year — 
which  schools  shall  be  free  of  charge,  and  equally  open  to  all ;" 

Mr.  Gillaspy  moved  to  amend  the  amendment  by  adding  thereto  the 
words  "white  children  ; " 

Mr.  Hall  moved  that  the  amendment  offered  to  the  Tenth  Section, 
together  with  the  amendment  to  the  amendment  be  laid  on  the  table  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  affirmative  as  follows  : 

YEAS. 

Messrs.  Clark,  of  Alamakee,        Messrs.  Palmer, 

Day,  Patterson, 

Edwards,  Peters, 

Emerson,  Robinson, 

Gibson,  Scott, 

Gillaspy,  Seely, 

Gower,  *  Skiff, 

Hall,  Solomon, 

Harris,  Todhunter, 

Hollings  worth,  Warren, 

Johnston,  Winchester, 

Springer,  [Prest.]  23. 


292 

NAYS. 

Messrs.  Bunker, 

Clarke,  of  Henry, 
Clarke,  of  Johnson, 
Ells, 
Gray, 

On  motion  of  Mr.  Warren, 
The  Convention  then  adjourned. 


Messrs.  Marvin, 
Parvin, 
Traer, 
Wilson, 
Young, — 10. 


FRIDAY  AFTERNOON. 

At  two  o'clock,  P.  M.,  the  Convention  again  met. 

The  consideration  of  the  Report  of  the  Committee  on  Education  and 
School  Lands  was  resumed. 

Mr.  Ells  offered  the  following  as  a  substitute  for  the  Tenth  Section 
of  said  Report : 

SEC.  10.  "  The  Board  of  Education  shall  provide  for  the  education 
of  all  the  youths  of  the  State  through  a  system  of  common  schools. — 
A  school  shall  be  organized  and  kept  in  each  district  at  least  three 
months  in  each  year.  Districts  failing  for  two  consecutive  years  to 
organize  and  keep  up  a  school,  may  be  deprived  of  their  portion  of 
the  School  Fund  ;" 

Mr.  Gillaspy  moved  to  amend  the  amendment  by  striking  out  the 
word  "youths"  and  inserting  the  words  "white  children;" 

The  previous  Question  having  been  demanded, 

Upon  the  question, 

Shall  the  main  question  now  be  put  ? 

It  was  decided  in  the  affirmative,  a  majority  of  the  members  present 

voting  therefor. 

Upon  the  question  of  agreeing  to  the  motion  of  Mr.  Gillaspy,  the 
yeas  and  nays  were  demanded,  and,  it  was  decided  in  the  negative,  as 
follows : 


293 

YEAS. 


Messrs.  Day, 

Emerson, 
Gibson, 
Gillaspy, 
Harris, 


Solomon — 11. 

NAYS. 


Messrs.  Palmer, 
Patterson, 
Peters, 
Price, 

Robinson, 


Messrs.  Bunker, 

Clarke,  of  Henry, 

Clarke,  of  Johnson, 

Clark,  of  Alamakee, 

Edwards, 

Ells, 

Gower, 

Gray, 

Hall, 

Hollingsworth, 

Marvin, 


Messrs.  Parvin, 
Scott, 
Seely, 
Skiff, 

Todhunter, 
Traer, 
Warren, 
.  Wilson, 
Winchester, 
Young, 
Springer,  (P.,)  22 


Upon  the  question  of  agreeing  to  the  Substitute  for  the  Tenth  Sec- 
tion of  said  Report, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirma- 
tive, as  follows : 


YEAS. 
Messrs.  Bunker, 

Clarke,  of  Henry, 

Clarke,  of  Johnson, 

Clark,  of  Alamakee, 

Edwards, 

Ells, 

Gower, 

Gray, 

Hall, 

Hollingsworth, 

Marvin, 


NAYS. 


Messrs.  Day, 

Emerson, 
Gibson, 
Gillaspy, 
Palmer, 


Messrs.  Parvin, 
Scott, 
Seely, 
Skiff, 

Todhunter, 
Traer, 

Warren, 

Wilson, 

Winchester, 

Young, 

Springer,  (P.)  2'2 


Messrs.  Patterson, 
Peters, 
Price, 
Robinson, 
Solomon — 10 


294 

Mr.  Hall  moved  to  strike  out  the  Ninth  Section  of  said  Report ; 
Which  motion  was  agreed  to. 

Mr.  Hall  moved  to  amend  the  Eighth  Section  of  said  Report  by 
adding  thereto  as  follows  : 

"Provided,  That  all  acts,  rules  and  regulations  of  said  Board  may 
he  altered,  amended,  or  repealed,  by  the  General  Assembly;" 

Which  motion  was  agreed  to. 

Mr.  Hall  offered  the  following  to  come  in  as  Section  Ninth  of  said 
Report : 

SEC.  9.  The  sessions  of  the  Board  of  Education  shall  not  be  held 
during  the  time  the  General  Assembly  are  in  session.  The  Governor 
may  attend  the  sessions  of  the  Board  ;  he  may  take  part  in  their 
deliberations,  and  discussions,  but  shall  have  no  vote.  He  may  exercise 
the  veto  power  upon  all  acts,  rules  and  regulations  passed  by  the  Board 
in  the  same  manner  as  is  provided  for  acts  of  the  General  Assembly  ; 

Which  was  agreed  to. 

Mr.  Clarke,  of  Johnson,  offered  the  following  to  come  in  ag  the 
Eleventh  Section : 

SEC.  11.  "The  State  University  shall  consist  of  a  single  institution 
and  be  permanently  located  at  Iowa  City.  The  present  State  Capitol 
with  such  improvements  and  additions  as  may  be  provided  for  by  law 
shall  be  occupied  by  the  State  University  when  not  used  by  the  State 
for  other  purposes  ; " 

Mr.  Skiff  offered  the  following  as  a  Substitute  for  said  proposed 
Section : 

"The  State  University  shall  consist  of  a  single  institution  and  bo 
permanently  located  at  one  place ;  which  place  shall  be  on  some  part 
of  the  five  sections  of  land  belonging  to  the  State  of  Iowa,  in  Jasper 
county,  heretofore  granted  to  the  State  by  Act  of  Congress  for  the 
State  Capitol;" 

Mr.  Edwards  moved  that  said  proposed  Section  and  Substitute  ta 
laid  upon  the  table  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  waa 
decided  in  the  negative,  as  follows  : 

YEAS. 

Messss.  Clarke,  of  Henry,  Messrs.  Marvin, 
Edwards,  Patterson, 

Ells,  Price, 

Gower,  Seely, 


295 


Messrs.  Hall, 

Hollings  worth, 
Johnston, 

NAYS. 

Messrs.  Bunker, 

Clarke,  of  Johnson, 

Clark,  of  Alamakee, 

Day, 

Emerson, 

Gibson, 

Gillaspy, 

Gray,  " 

Harris, 

Palmer, 


Messrs.  Traer, 

Winchester, 
Young — 14. 


Messrs.  Parvin, 
Peters, 
Robinson, 
Scott, 
Skiff, 
Solomon, 
Todhunter, 
Warren, 
Wilson, 
Springer,  (P.)  20 


By  general  consent  of  the  Convention,  the  Substitute  was  then  with- 
drawn. 

Mr.  Todhunter  moved  to  strike  out  of  said  proposed  Section  all  after 
the  word  " institution,"  near  the  beginning  thereof  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  affirmative,  as  follows : 


YEAS. 

Messrs.  Clark,  of  Alamakee, 
Day/ 
Gibson, 
Gillaspy, 
Hall, 
Harris, 
Johnston, 
Marvin, 
Patterson, 

NAYS. 

Messrs.  Bunker, 

Clarke,  of  Henry, 

Clarke,  of  Johnson, 

Emerson, 

Gower, 

Gray, 

Hollingsworth, 


Messrs.  Price, 

Robinson, 

Scott, 

Seely, 

Solomon, 

Todhunter, 

Wilson, 

Winchester, 

Young— 18. 


Messrs.  Palmer, 
Parvin, 
Peters, 
Skiff, 
Traer, 
Warren, 
Springer  (P.)  14. 


The  proposed  section  as  amended,  was  then  agreed  to. 


296 

Mr.  Palmer  offered  the  following  to  come  in  as  the  Seventeenh  Sec- 
tion of  said  Report : 

SEC.  17.  The  General  Assembly  shall  provide  by  general  laws  for  the 
levying  and  collecting  of  all  taxes  for  the  support  of  schools  and  for 
the  building  and  repairing  of  sdhool  houses  ;" 

Mr.  Solomon  moved  to  amend  said  proposed  section  by  adding  there- 
to as  follows  : 

"But  the  property  of  colored  persons  shall  not  be  taxed  for  such 
purpose ; " 

Which  amendment  was  not  agreed  to,  and, 

The  proposed  section  offered  by  Mr.  Palmer, 

Was  then  disagreed  to. 

Mr.  Scott  moved  to  strike  out  in  the  Seventeenth  Section  of    said 
Eeport  the  word  "unmarried  ;  " 
Which  motion  was  agreed  to. 

Mr.  Palmer  offered  the  following  to  come  in  as  the  Seventeenth  Sec- 
tion of  said  Report : 

SEC.  17.  "The  Board  of  Education  shall  have  no  power  to  levy 
taxes  for  the  support  of  schools,  or  the  erection  or  repairing  of  school 
houses  ; " 

Which  motion  was  agreed  to. 

Mr.  Clarke,  of  Henry,  moved  to  strike  out  the  first  nine  sections  of 
said  Report  and  Substitute  therefor  as  follows  :  • 

SEC.  1.  The  General  Assembly  shall  provide  for  the  election  or  ap- 
pointment of  a  Board  of  Education,  who  shall  be  the  Trustees  of  the 
University  and  shall  have  the  general  charge  and  control  of  education 
in  the  State.  They  shall  have  power  to  appoint  a  Secretary  of  the 
Board  who  shall  be  their  executive  agent  and  perform  such  other  duties 
as  may  be  imposed  upon  him  by  the  Board  of  Education  or  the  laws  of 
the  State. 

SEC.  2.  The  powers  and  duties  of  such  Board  and  Trustees  and  their 
terms  of  office  and  compensation  shall  be  prescribed  by  law  ; 

The  Previous  Question  having  been  demanded, 
Upon  the  question, 
Shall  the  main  question  now  be  put  ? 

It  was  decided  in  the  affirmative,  a  majority  of  the  members  present 
voting  therefor. 

Upon  the  question  of  agreeing  to  said  Substitute  for  the  first  nine 
Sections  of  said  Report, 


297 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  nega- 
tive, as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Gray, 

Clarke,  of  Henry,  Wilson, 

Clark,  of  Alamakee,  Young, 

Springer,  (Prest.,) — 7. 

NAYS. 

Messrs.  Clarke,  of  Johnson,  Messrs.  Palmer, 

Day,  Parvin, 

Edwards,  Patterson, 

Ells,  Peters, 

Emerson,  Price, 

Gibson,  Robinson, 

Gillaspy,  Scott, 

Gower,  '  Seely, 
Hall,  Skiff, 

Harris,  Solomon, 

Hollingsworth,  Todhunter, 

Johnston,  Traer, 

Marvin,  Warren, 
Winchester— 27. 

Mr.  Traer  moved  a  reconsideration  of  the  vote  by  which  the  section 
to  come  in  as  the  Ninth  Section,  was  adopted ; 

Which  motion  was  not  agreed  to. 

Mr.  Johnston,  from -the  Select  Committee  to  whom  was  referred  yes- 
terday a  Resolution  of  Inquiry,  submitted  the  following 

REPORT. 

The  Select  Committee  to  whom  was  referred  the  Resolution  of 
Inquiry  in  relation  to  the  proper  investment  of  the  perpetual  School 
Fund  of  the  State,  beg  leave  to  report  the  following  additional  section 
to  the  Article  on  Education  and  School  Lands  : 

EDWARD  JOHNSTON, 

Chairman. 

The  General  Assembly  shall  provide  that  after  the  year 


the  perpetual  school  fund  loaned  by  the  School  Fund  Commissioners, 
Superintendent  of   Public  Instruction,   or  distributed  in  the  several 
counties  of  the  State,  shall  be  gradually  withdrawn  and  invested  in 
19* 


298 

United  States  stocks,  the  stock  of  interest-paying  States,  or  loaned  to 
the  State  of  Iowa.  And  the  General  Assembly  shall  further  provide 
that  all  other  monies  belonging  to  said  perpetual  School  Fund,  or 
accruing  in  any  manner  to  the  same,  shall  be  invested  in  like  manner 
as  soon  as  practicable :  and  for  all  sums  thus  invested  or  borrowed,  the 
State  shall  pay  an  annual  interest  of  not  less  than  six  per  cent. ,  to  be 
distributed  as  provided  by  law  without  charge  to  the  School  Fund  ; 

Said  Report  having  been  read,  the  same  was  received,  and  the  Com- 
mittee discharged. 

The  Convention  then  proceeded  to  consider  the  Report  of  said  Com- 
mittee as  an  additional  Section  to  the  Report  of  the  Committee  on  Edu- 
cation and  School  Lands ; 

Mr.  Solomon  moved  to  amend  said  proposed  section  by  adding  there- 
to as  follows  : 

"Provided,  That  such  stock  shall  never  be  used  as  a  basis  for  bank- 
ing  •» 

Mr.  Johnston  moved  that  the  Convention  do  now  adjourn  ; 

Which  motion  was  agreed  to,  and  the  Convention  adjourned  until  to- 
morrow morning  at  nine  o'clock. 


SATURDAY  MORNING,  FEBRUARY  28,  1857. 

At  nine  o'clock,  A.  M.,  the  Convention  came  to  order,  the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

Mr.  Winchester,  from  the  Select  Committee  to  whom  was  referred  the 
resolutions  offered  by  Mr.  Wilson,  on  Wednesday  last,  made  the  fol- 
lowing 


299 
REPORT. 

The  Select  Committee  to  whom  was  referred  the  subject  of  indexing 
and  superintending  the  publication  of  the  Debates  and  the  distribution 
of  the  same,  beg  leave  to  report  the  following  resolutions : 

Resolved,  That  W.  Blair  Lord  be  employed  to  index  and  superintend 
the  publication  of  the  Debates  of  this  Convention,  and  that  he  be 
allowed  the  sum  ofc'  one  hundred  and  twenty  dollars  for  said  services. 

Resolved,  further,  That  five  hundred  more  copies  of  said  Debates 
be  ordered  from  the  publisher,  in  addition  to  the  fifteen  hundred  copies 
already  ordered,  and  if  the  same  shall  exceed  twelve  hundred  pages, 
they  shall  be  bound  in  two  separate  volumes. 

And,  when  the  Debates  shall  have  been  published,  they  shall  be  dis- 
tributed as  follows : 

Eight  copies  to  the  State  Historical  Society ; 
Two  copies  to  each  State  and  organized  Territory  ; 

Five  copies  to  each  county  in  the  State,  one  of  which  shall  be  kept 
in  the  county  offices  ; 

Twenty  copies  to  each  member  of  this  Convention ; 

Five  copies  to  each  member  of  the  Senate  ; 

One  copy  to  each  member  of  the  House  of  Representatives  ; 

Three  copies  to  each  of  the  Secretaries,  Reporters,  Serge  ant- at- Arms 
and  Chaplain  of  this  Convention  ; 

One  copy  to  each  State  Officer,  Supreme  and  District  Judge,  and 
District  Prosecuting  Attorney  ; 

The  remainder  of  the  two  thousand  copies  shall  be  placed  in  the  pos- 
session of  the  State,  and  be  disposed  of  as  may  be  desiginated  by 
law. 

All  of  which  is  respectfully  submitted. 

S.  G.  WINCHESTER, 

Chairman  Committee. 

The  report  having  been  read,  and  received  by  the  Convention, 

Mr.  Clarke,  of  Johnson,  moved  that  said  resolutions  be  laid  on  the 
table ; 

Mr.  Young  moved  that  that  portion  of  the  second  resolution  relative 
to  the  printing  of  five  hundred  additional  copies,  be  stricken  out ; 

Mr.  Clarke,  of  Johnson,  moved  that  the  resolutions  be  laid  on  the 


300 

table,  subject  to  the  order  of  the  Convention,  with  instructions  to  the 
Committee  that  they  correspond  with  the  publishers  respecting  the  cost 
of  furnishing  the  additional  number  of  copies  specified  ; 
Which  motion  was  agreed  to. 

The  consideration  of  the  Report  of  the  Committee  on  Education  and 
School  Lands  having  been  resumed, 

Mr.  Todhunter  moved  that  said  Report,  with  the  amendments  made 
thereto,  be  referred  to  a  Special  Committee  of  five  ; 

Mr.  Harris  moved  that  the  same  be  referred  back  to  the  Standing 
Committee  on  that  subject ; 
Which  motion  was  agreed  to. 

Mr.  Gillaspy  offered  the  following  : 

Resolved,  That  the  Committee  on  Education  and  School  Lands  be 
instructed  to  inquire  into  the  propriety  of  adopting  Article  9,  of  the 
present  Constitution,  so  modified  as  to  provide  for  a  Board  of  Educa- 
tion, instead  of  a  Superintendent  of  Public  Instruction,  whose  term  of 
office,  compensation  and  powers  shall  be  prescribed  by  law  ;  and,  to 
make  the  State  University  a  single  institution; 

Which  resolution  was  adopted. 

Mr.  Clarke,  of  Johnson,  offered  the  following : 

Resolved,  That  the  Committee  on  Education  and  School  Lands  be 
instructed  to  consider  the  expediency  of  providing  for  the  election  or 
appointment  of  the  Board  of  Education,  according  to  population,  and 
fixing  the  number  of  said  Board,  with  power  in  the  General  Assembly 
to  provide  for  the  increase  of  said  Board  on  the  same  basis  ; 

Which  resolution  was  adopted. 

Mr.  Patterson  moved  that  the  Committee  on  Education  and  Schoo 
Lands  be  instructed  to  report  on  Monday  next,  at  the  morning  session 
Which  motion  was  agreed  to. 

Mr.  Clarke,  of  Henry,  offered  the  following  : 

Resolved,  That  the  Committee  on  Education  and  School  Lands  be 
instructed  to  inquire  into  the  propriety  of  incorporating  in  the  Article 
under  their  charge,  the  following  section : 

SEC. — .  The  General  Assembly  shall  provide  by  law  for  the  election 
of  a  Board  of  Education,  one  member  of  which  shall  be  elected  from 
each  Judicial  District,  and  shall  be  ex-officio  Trustee  of  the  State 
University.  They  shall  have,  control  of  the  educational  interests  of 
the  State,  and  shall  have  power  to  appoint  a  Secretary  of  the  Boanl, 


301 

who  shall  be  the  Executive  officer  and  perform  such  duties  as  may  be 
imposed  upon  him  by  said  Board  or  the  laws  of  the  State.     And  the 
other  powers  and  duties  of  said  Board  and  Trustees  shall  be  such  as 
shall  be  prescribed  by  law  ; 
Which  resolution  was  adopted. 

Mr.  Wilson  moved  that  two  additional  members  to  the  Standing 
Committee  on  Education  and  School  Lands,  be  appointed; 

Which  motion  was  agreed  to,  and  Messrs.  Todhunter  and  Gillaspy 
were  named  by  the  President. 

Mr.  Winchester  offered  the  following  : 

Resolved,  That  the  Committee  on  Education  and  School  Lands  be 
instructed  to  inquire  into  the  expediency  of  providing  for  an  officer  in 
each  county,  whose  duty  in  part  it  shall  be  to  examine  all  teachers  and 
give  certificates  of  qualification  ; 

Which  resolution  was  adopted. 

Mr.  Solomon  offered  the  following : 

Resolved,  That  the  Committee  on  Education  and  School  Lands  be 
instructed  to  report  in  favor  of  the  gradual  collection  of  the  School 
Fund  of  this  State  and  of  loaning  the  same  at  a  given  rate  of  interest 
for  a  series  of  years  to  the  State  of  Iowa,  for  the  purpose  of  erection 
of  Public  Buildings  and  for  no  other  purpose; 

Which  resolution  was  adopted. 

On  motion, 

The  Convention  then  resolved  itself  into  Committee  of  the  Whole, 
Mr.  Winchester  in  the  Chair,  upon  the  consideration  of  the  Report  of 
the  Committee  on  Right  of  Suffrage;  and,  after  some  time  spent  therein, 
the  Committee  rose. 

The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  reported  that  progress 
had  been  made  in  the  consideration  of  the  subject  before  them,  and  the 
Committee  asked  and  obtained  leave  to  sit  again. 

On  motion  of  Mr.  Todhunter, 
The  Convention  then  adjourned. 


302 


SATURDAY  AFTERNOON. 

At  two  o'clock,  P.  M.,  the  Convention  again  met. 

The  Convention  resolved  itself  into  Committee  of  the  Whole,  Mr. 
Winchester  in  the  Chair,  upon  the  consideration  of  the  Report  of  the 
Committea  on  Right  of  Suffrage;  and,  after  a  short  time  spent 
therein,  the  Committee  rose. 

The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  stated  that  they  had 
concluded  the  consideration  of  the  subject  before  them,  and  reported 
the  same  back  to  the  Convention  with  an  amendment ; 

Which  report  was  received  and  the  Committee  were  discharged. 

The  Convention  then  proceeded  to  the  consideration  of  the  Report  of 
the  Committee  on  Right  of  Suffrage,  as  amended  in  Committee  of  the 
Whole : 

The  First  Section  of  said  Report  being  under  consideration,  as  fol- 
lows: 

SEC.  1.  "Every  white  male  citizen  of  the  United  States  of  the  age 
of  twenty- one  years,  who  shall  have  been  a  resident  of  the  State  six 
months  next  preceding  the  election,  and  the  county  in  which  he  claims 
his  vote  twenty  days,  shall  be  entitled  to  vote  at  all  elections  which  are 
now  or  hereafter  may  be  authorized  by  law  ;  "  and, 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole  to  said  section  by  adding  thereto  as  follows  :  "and 
the  General  Assembly  shall  provide  for  registering  the  legal  voters  of 
this  State ; " 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  nega- 
tive, as  follows : 

YEAS. 

Messrs.  Clarke,  of  Henry,  Messrs.  Marvin, 
Clarke,  of  Johnson,  Scott, 

Ells,  Seely, 

Gower,  Todhunter, 

Gray,  Young — 10. 


303 

NAYS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Clark,  of  Alamakee,  Palmer, 

Day,  Patterson, 

Edwards,  Peters, 

Emerson,  Price, 

Gibson,  Robinson, 

Gillaspv,  Solomon, 

Hall,  Wilson, 

Harris ,  Winchester , 

Hollingsworth,  Springer,  (P.)  20. 

There  being  no  further  amendments  made  in  Committee  of  the  Whole 
to  said  report, 

Mr.  Clarke,  of  Johnson,  moved  to  amend  the  First  Section  of  the 
same  by  striking  out  the  words  "six  months"  and  inserting  the  words 
"one  year ; " 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Clarke,  of  Johnson,  Messrs.  Gray, 

Gower,  Hollingsworth, 

Scott— 5. 

NAYS. 

Messrs.  Ayers,  Messrs.  Marvin, 

Clarke,  of  Henry,  Palmer, 

Clark,  of  Alamakee,  Patterson, 

Day,  Peters, 

.Edwards,  Price, 

Ells,  Robinson, 

Emerson,  Seely, 

Gibson,  Solomon, 

Gillaspy,  Todhunter, 

Hall,  Wilson, 

Harris,  Winchester, 

Johnston,  Young, 
Springer,  (Prest.,)  —  25. 

Mr.  Clarke,  of  Johnson,  moved  to  amend  the  First  Section  of  said 
Report  by  striking  out  the  words  "twenty  days"  and  inserting  the 
words  "three  months  ;" 


304 

Upon  tliis  question  tlie  yeas  and  nays  were  demanded,  and 

A  call  of  the  House  having  been  ordered,  the  following  gentlemen 
answered  to  their  names  : 

Messrs.  Ayers,  Messrs.  Johnston, 

Bunker,  Marvin, 

Clarke,  of  Henry,  Palmer, 

Clarke,  of  Johnson,  Patterson, 

Clark,  of  Alamakee,  Peters, 

Day,  Price, 

Edwards,  Robinson, 

Ells,  Scott, 

Emerson,  Seely, 

Gibson,  Solomon, 

Gillaspy,  Todhunter, 

Gower,  Traer, 

Gray,  Wilson, 

Hall,  Winchester, 

Harris,  Young, 

Hollingsworth,  Springer,  (P. )  32. 

On  motion  of  Mr.  Todhunter,  Mr.  Parvin  was  excused. 

Mr.  Gibson  then  moved  that  further  proceedings  under  the  call  be  dis- 
pensed with ; 
Which  motion  was  agreed  to. 

The  question  was  then  taken  by  yeas  and  nays  on  the  motion  of  Mr. 
Clarke,  of  Johnson,  and  it  was  decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Marvin, 

Clarke,  of  Henry,  Scott, 

Clarke,  of  Johnson,  Traer, 

Edwards,  Warren, 

Gower,  Wilson, 

Gray,  Winchester, 

Hollingsworth,  Young, 
Springer,  (Prest.,) — 15. 

NAYS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Day,  Palmer, 

Ells,  Patterson, 

Emerson,  Peters, 


305 

\ 

Messrs.  Gibson,  Messrs.  Price, 

Gillaspy,  Robinson, 

Hall,    '  Seely, 

Harris,  Solomon, 
Todhunter— 17. 

Mr.  Clarke,  of  Henry,  moved  to  amend  the  First  Section  of  said 
Report  by  striking  out  the  word  "twenty,"  near  the  latter  part  thereof, 
and  inserting  the  word  "sixty  ;" 

Upon  this  question  the  yeas  and  nays  were  demanded  and  it  was  de- 
cided in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Scott, 

Clarke,  of  Henry,  Seely, 

Clarke,  of  Johnson,  Todhunter, 

Edwards,  Traer, 

Ells,  Warren, 

Gower,  Wilson, 

Gray,  Winchester, 

Rollings  worth,  Young, 

Marvin,  Springer,  [P]  18. 

NAYS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Day,  Palmer, 

Emerson,  Patterson, 

Gibson,  Peters, 

Gillaspy,  Price, 

Hall,  Robinson, 

Harris,  Solomon — 14. 

Mr.  Harris  then  moved  that  said  Report,  as  amended,  be  ordered  to 
have  a  third  reading,  and  that  the  same  be  referred  to  the  Committee 
on  Revision,  Engrossment  and  Enrollment ; 

Which  motion  was  agreed  to. 

On  motion  of  Mr.  Clarke,  of  Johnson, 

The  Convention  adjourned  until  Monday  next  at  nine  o'clock. 


20 


306 


MONDAY  MORNING,  MARCH  2,  1857. 

At  nine  o'clock,  A.  M.,  the  Convention  came  to  order,  the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  Saturday's  proceedings  was  read  and  approved. 

Mr.  Marvin,  from  the  Committee  on  Education  and  School  Lands, 
made  the  following 

REPORT. 

The  Committee  on  Education  and  School  Lands  beg  leave  to  make 
the  following  repprt : 

EDUCATION  AND  SCHOOLS. 
ARTICLE  — — . 

SECTION  1.  The  educational  interest  of  the  State,  to  include  Com- 
mon Schools  and  other  educational  institutions,  shall  be  under  the  man- 
agement of  a  Board  of  Education,  which  shall  consist  of  the  Lieutenant 
Governor,  who  shall  be  the  presiding  officer  of  the  Board,  and  have  the 
casting  vote  in  case  of  a  tie,  and  one  member  to  be  elected  from  each 
judicial  district  in  the  State. 

SEC.  2.  No  person  shall  be  eligible  as  a  member  of  said  Board  who 
shall  not  have  attained  the  age  of  twenty- five  years,  and  been  one  year 
a  citizen  of  the  State. 

SEC.  3.  One  member  of  said  Board  shall  be  chosen  by  the  qualified 
electors  of  each  district,  and  shall  hold  the  office  for  the  term  of  four 
years,  and  until  his  successor  is  elected  and  qualified.  After  the  first 
election  under  this  Constitution,  the  Board  shall  be  divided,  as  nearly 
as  practicable,  into  two  equal  classes,  and  the  seats  of  the  first  class 
shall  be  vacated  after  the  expiration  of  two  years  ;  and  one-half  of  the 
Board  shall  be  chosen  every  two  years  thereafter. 

SEC.  4.  The  first  session  of  the  Board  of  Education  shall  be  held  at 
the  Seat  of  Government,  on  the  first  Monday  of  December,  after  their 
election  ;  after  which  the  Board  may  fix  the  time  and  place  of  meeting. 
No  regular  session  of  the  Board  shall  be  held  during  the  time  the  Gen- 
eral Assembly  ID  ay  be  in  session. 


307 

SBC.  5.  The  session  of  the  Board  shall  be  limited  to  twenty  days, 
and  but  one  session  shall  be  held  in  any  one  year,  except  upon  extraor- 
dinary occasions,  when,  upon  the  recommendation  of  two-thirds  of  the 
Board,  the  Governor  may  order  a  special  session. 

SEC.  6.  The  Board  of  Education  shall  appoint  a  Secretary,  who  shall 
be  the  executive  officer  of  the  Board,  and  perform  such  duties  as  may 
be  imposed  upon  him  by  the  Board,  and  the  laws  of  the  State.  They 
shall  keep  a  journal  of  their  proceedings,  which  shall  be  published 
and  distributed  in  the  same  manner  as  the  journals  of  the  General  As- 
sembly. 

SEC.  7.  All  rules  and  regulations  made  by  the  Board  shall  be  pub- 
lished and  distributed  to  the  several  counties,  townships,  and  school 
districts,  as  may  be  provided  for  by  the  Board,  and  when  so  passed,  pub- 
lished, and  distributed,  they  shall  have  the  force  and  effect  of  law. 

SEC.  8.  The  Board  of  Education  shall  have  full  power  and  authority 
to  legislate  and  make  all  needful  rules  and  regulations  in  relation  to 
Common  Schools,  and  other  institutions  of  learning,  that  are  insti- 
tuted, to  receive  aid  from  the  School  or  University  fund  of  this  State ; 
Provided,  that  all  acts,  rules,  and  regulations  of  said  Board  may 
be  altered,  amended,  or  repealed  by  the  General  Assembly ;  and  when 
so  altered,  amended,  or  repealed,  they  shall  not  be  re-enaoted  by  the 
Board  of  Education. 

SEC.  9.  The  Governor  of  the  State  shall  be,  ex-ojficio,  a  member  of 
said  Board. 

SEC.  10.  The  Board  shall  not  have  power  to  levy  taxes,  or  make  ap- 
propriations of  money.  The  contingent  expenses  shall  be  provided  for 
by  the  General  Assembly. 

SEC.  11.  The  State  University  shall  consist  of  a  single  institution, 
and  the  University  fund  shall  be  applied  to  that  institution,  and  no 
other. 

SEC.  12.  The  Board  of  Education  shall  provide  for  the  education  of 
all  the  youths  of  the  State,  through  a  system  of  schools.  A  school 
shall  be  organized  and  kept  in  each  school  district  at  least  three  months 
in  each  year.  Any  district  failing,  for  two  consecutive  years,  to  or- 
ganize and  keep  up  a  school,  may  be  deprived  of  their  portion  of  the 
school  fund. 

SEC.  13.  The  Board  of  Education  shall  each  receive  the  same  per 
diem  and  mileage,  during  the  time  of  their  session,  as  members  of  the 
General  Assembly;  and  for  other  services,  such  compensation  as  shall 
be  provided  for  by  the  General  Assembly. 

SEC.  14.     A  majority  of   the  Board   shall  constitute  a  quorum  {or 


308 

the  transaction  of  business  ;  Provided,  no  rule,  regulation,  or  law,  for 
the  regulation  and  government  of  the  school  or  educational  system  shall 
Dass  without  the  concurrence  of  a  majority  of  all  the  members  of  the 
Board,  which  shall  be  expressed  by  the  yeas  and  nays  on  the  final  pas- 
sage. The  style  of  all  acts  of  the  Board  shall  be,  "Be  it  enacted 
by  the  Board  of  Education  of  the  State  of  Iowa." 

SEC.  15.  At  any  time  after  the  year  1865,  the  General  Assembly, 
two- thirds  of  each  branch  concurring,  shall  have  power  to  supercede  or 
re-organize  said  Board  of  Education,  and  provide  for  the  educational 
interest  of  the  State  in  any  other  manner  that  to  them  shall  seem  best 
and  proper. 

SCHOOL  FUNDS  AND  SCHOOL  LANDS. 
ARTICLE  . 

SECTION  1.  The  educational  and  school  funds  and  lands,  shall  be  un- 
der the  control  and  management  of  the  General  Assembly  of  this  State. 

SEC.  2.  The  University  lands,  and  the  proceeds  thereof,  and  all 
monies  belonging  to  said  fund,  shall  be  a  permanent  fund  for  the  sole 
use  of  the  State  University.  The  interest  arising  from  the  same  shall 
be  annually  appropriated  for  the  support  and  benefit  of  said  Uni- 
versity. 

SEC.  3.  The  General  Assembly  shall  encourage,  by  all  suitable 
means,  the  promotion  of  intellectual,  scientific,  moral,  and  agricultural 
improvement.  The  proceeds  of  all  lands  that  have  been,  or  hereafter 
may  be,  granted  by  the  United  States  to  this  State,  for  the  support  of 
schools,  which  shall  hereafter  be  sold,  or  disposed  of,  and  the  five  hun- 
dred thousand  acres  of  land  granted  to  the  new  States,  under  an  act  of 
Congress,  distributing  the  proceeds  of  the  public  lands  among  the  sev- 
eral States  of  the  Union,  approved  A.  D.  1841,  and  all  estates  of 
deceased  persons  who  may  have  died  without  leaving  a  will  or  heir, 
and  also  such  per  cent,  as  may  be  granted  by  Congress,  on  the  sale  of 
lands  in  this  State,  shall  be,  and  remain  a  perpetual  fund,  the  interest 
of  which,  together  with  all  rents  of  the  unsold  lands,  and  such  other 
means  as  the  General  Assembly  may  provide,  shall  be  inviolably  ap- 
propriated to  the  support  of  common  schools  throughout  the  State. 

.  SEC.  4.  The  money  which  shall  be  paid  by  persons  as  an  equivalent 
for  exemption  from  military  duty,  and  the  clear  proceeds  of  all  fines 
collected  in  the  several  counties  for  any  breach  of  the  penal  laws,  shall 
be  exclusively  applied,  in  the  several  counties  in  which  such  money  is 
paid,  or  fine  collected,  among  the  several  school  districts  of  said  coun- 
ties, in  proportion  to  the  number  of  youths  subject  to  enumeration  in 
such  districts,  to  the  support  of  common  schools,  or  the  establishment 
of  libraries,  as  the  Board  of  Education  shall,  from  time  to  time  provide. 


309 

SEC.  5.  The  General  Assembly  shall  take  measures  for  the  protec- 
tion, improvement,  or  other  disposition  of  such  lands  as  have  been,  or 
may  hereafter  be  reserved,  or  granted  by  the  United  States,  or  any 
person  or  persons,  to  this  State,  for  the  use  of  a  University,  and  the 
funds  accruing  from  the  rents  or  sale  of  such  lands,  or  from  any  other 
source  for  the  purpose  aforesaid,  shall  be,  and  remain,  a  permanent 
fund,  the  interest  of  which  shall  be  applied  to  the  support  of  said  Uni- 
versity, for  the  promotion  of  literature,  the  arts  and  sciences,  as  may 
be  authorized  by  the  terms  of  such  grant.  And  it  shall  be  the  duty  of 
the  General  Assembly  as  soon  as  maybe,  to  provide  effectual  means  for 
the  improvement  and  permanent  security  of  the  funds  of  said  Uni- 
versity. 

SEC.  6.  The  financial  agents  of  the  school  funds  shall  be  the  same 
that  by  law  receive  and  control  the  State  and  county  revenue,  for  other 
civil  purposes,  under  such  regulations  as  may  be  provided  by  law. 

SEC.  7.  The  money  subject  to  the  support  and  maintenance  of  com- 
mon schools  shall  be  distributed  to  the  districts  in  proportion  to  the 
number  of  youths,  between  the  ages  of  five  and  twenty- one  jears,  in 
such  manner  as  may  be  provided  by  the  General  Assembly. 

Respectfully  submitted, 

A.  H.  MARVIN,  Chairman. 

J.  C.  HALL, 

LEWIS  TODHUNTER, 

GEORGE  W.  ELLS, 

A.  HARRIS,  (as  a  compromise,) 

JOHN  EDWARDS, 

GEORGE  GILLASPY. 

Which  was  read,  ordered  to  lie  on  the  table,  and  that  one  hundred 
copies  thereof  be  printed  for  the  use  of  the  Convention. 

Mr.  Hall,  from  the  same  committee,  made  the  following  Minority 

REPORT. 

The  undersigned,  from  the  Committee  on  Education  and  School 
Lands,  beg  leave  to  make  the  following  Report : 

The  attention  of  the  Committee  has  been  particularly  called,  by  the 
action  of  the  Convention,  to  the  subject  of  the  School  Funds  as  now 
vested,  and  to  a  suggestion  that  the  present  mode  of  investing  the  mon- 
ies belonging  to  the  School  and  University  Funds  be  abandoned,  and 
some  more  permanent  and  secure  mode  substituted. 

This  question  has  been  discussed  by  the  Committee,  but  a  majority 


310 

liave  not  been  able  to  agree  upon  another  plan  or  mode  of  disposing  of 
said  funds. 

It  is  conceded  that  the  present  manner  of  loaning  the  money  is  unsafe 
and  insecure,  and  that  some  change  is  demanded ;  but  the  majority 
adhere  to  the  character  of  the  investments  as  now  adopted,  and  look  for 
a  reform  in  the  manner  or  system  of  loaning  the  funds.  They  seek 
safety  by  acting  upon  the  agents  of  the  funds  who  are  authorized  to 
make  the  loans. 

In  the  opinion  of  the  undersigned,  the  present  system  is  radically 
defective,  and  cannot  be  followed  without  great  hazard  of  loss  of  the 
principal — irregularity  and  confusion  in  collecting  and  disbursing  the 
interest,  to  the  schools.  The  defect  is  radical,  and  in  the  system  itself  ; 
and  cannot  be  obviated  by  action  upon  the  public  agents. 

Under  the  present  system,  the  fund  has,  and  will  have,  its  thousands 
of  borrowers,  scattered  throughout  every  county  of  the  State.  The 
public  agents  who  control  the  funds  can  be  numbered  by  hundreds. — 
It  would  be  a  miracle,  indeed,  if  all  these  borrowers  and  agents  should 
prove  punctual  and  honest — should  be  vigilant,  competent  and  prompt ! 
No  one  is  so  visionary  as  to  believe  that  such  a  system  can  be  carried 
on  without  some  irregularities,  failures  and  losses ;  yet  the  inconven- 
ience of  a  change  outweighs  these  considerations. 

The  undersigned  is  fully  convinced  that,  under  the  present  system, 
the  School  Fund  has  already  lost,  beyond  recovery,  more  than  fifty 
thousand  dollars  ;  that  losses  will  continue  from  year  to  year ;  that  they 
are  inevitable  ;  and  that  the  permanent  School  Fund  will,  in  this  man- 
ner, be  subjected  to  a  perpetual  drain.  Did  these  annual,  or  rather 
periodical  losses,  occur  in  a  single  case,  it  would  startle  the  public 
mind  ,  but  they  occur  in  comparatively  small  loans — are  not  manifest 
at  once — their  existence  is  known  only  to  a  particular  locality — the 
law  promises  a  tardy  collection — the  memory  of  the  loss  and  the  law- 
suit pass  into  oblivion  together — and  the  School  Fund  suffers  the  loss 
without  exciting  public  attention. 

A  spirit  of  selfishness  in  the  public  agents  and  borrowers  will  always 
make  them  active  in  retaining  the  present  system.  They  have  an  in- 
terest, and  will  work  ; — they  have  influence,  and  can  pacify  investiga- 
tion. Its  guardians  being,  to  some  extent,  culpable  for  the  losses,  will 
become  apologists  and  defenders  of  defaulters  and  peculation. 

It  must  be  remembered  that  this  fund  cannot  be  guarded  and  protect- 
ed with  shrewd  and  watchful  anxiety  of  self-interest.  A  loss  cannot 
excite  the  same  exertion  or  mortification  of  a  loss  to  an  individual. — 
The  public  never  act  with  the  energy  and  promptness  of  the  nrivate 
citizen  ;  nor  can  they  ever  be  made  conscious  of  such  a  loss  to  half  the 
extent  that  they  would  if  it  fell  upon  the  individual  citizen. 


811 

Under  these,  circumstances,  the  undersigned  most  earnestly  insist 
that  the  School  Funds  of  this  State  should  be  collected  together  and 
permanently  invested  in  a  secure  manner ;  that  the  investment  should 
be  made  so  that  the  principal  can  never  be  lost  or  squandered,  and  the 
interest  will  be  promptly  and  certainly  paid  when  due.  This  can  be 
done  by  investing  the  money  in  selected  State  or  United  States  securi- 
ties or  bonds.  This  mode  is  objected  to  by  some  on  the  ground  that 
these  securities  will  only  bring  six  per  cent,  interest,  whilst  the  money 
can  be  loaned  at  ten  per  cent,  interest  to  citizens  of  the  State  upon 
real  estate  security.  This  may  be  true ;  but  experience  proves  that  the 
expense  of  loaning,  looking  after  the  funds,  collecting,  distributing, 
and  disbursing  the  ten  per  cent. ,  reduces  this  seeming  large  per  cent,  to 
perhaps  less  than  six  per  cent. ,  and  a  want  of  promptness  in  the  collec- 
tion and  disbursement,  creates  continual  disappointments,  delays, 
and  troubles  with  the  schools  who  depend  upon  the  funds  to  pay  the 
teachers. 

Whilst  the  one  system  insures  promptness,  certainty,  and  security, 
the  other  promises  nothing  but  insecurity,  tardiness,  delays,  and  disap- 
pointments, the  undersigned  most  respectfully  suggest  that  the  limita- 
tion of  State  indebtedness  prohibits  the  State  from  becoming  indebted 
to  this  fund  more  than  two  hundred  and  fifty  thousand  dollars.  But 
would  it  not  be  wise  to  modify  that  clause  by  allowing  the  State  to  bor- 
row a  sufficient  amount  of  the  School  Fund  to  erect  the  charitable  in- 
stitutions of  this  State  ?  The  necessity  of  such  institutions  is  conceded. 
Common  humanity  requires  the  earnest  and  speedy  action  of  the  State 
in  providing  for  the  insane,  the  blind,  the  d'eaf  and  dumb,  &c.  These 
institutions  belong  to  our  social  system,  and  will  last  as  long  as  human- 
ity and  civilization  exist.  The  expenditures  should  be  commensurate 
with  the  cause  and  the  object.  These  institutions  will  pass  down  to 
posterity,  and  continue  to  ameliorate  and  bless  the  poor  unfortunate 
for  thousands  of  years.  It  will  be  the  pride  and  glory  of  this  age  to 
commence  and  lay  the  foundation  of  this  great  system  of  governmental 
charity  and  benevolence.  To  do  this,  we  must  resort  to  direct  taxation. 
The  assessor,  the  tax  gatherer,  and  local  and  State  treasurer,  and  dis- 
bursing agents,  are  all  to  be  hired  and  paid.  Not  more  than  eighty 
cents  of  every  dollar  paid  by  the  people  will  find  a  place  in  the  walls  of 
these  institutions.  The  money  thus  collected  is  worth  ten  per  cent,  to 
the  people,  where  the  tax  is  levied.  We  have  the  School  lund  seeking 
a  safe  investment.  Why  not  discharge  the  tax  gatherer,  and  the  score 
of  agents?  Let  the  people  keep  their  money,  and  pay  the  interest  on 
the  money  borrowed  from  the  School  Fund.  This  system  will  equalize 
the  burden  of  erecting  these  institutions,  by  throwing  a  portion  of  the 
burthen  upon  those  who  come  after  us,  and  cheapen  the  system  to  all. 

The  undersigned,  therefore,  most  respectfully,  but  earnestly,  recom- 


312 

mend  to  the  Convention  the  adoption  of  the  following  sections,  to  be 
attached  to  the  schedule,  or  the  article,  "  SCHOOL  FUNDS  AND  SCHOOL 
LANDS  :" 

SBC.  — .  For  the  purpose  of  establishing  and  erecting  charitable 
institutions  in  this  State,  the  General  Assembly  may  provide  by  law 
for  borrowing  from  the  School  and  University  Funds  such  sum  or  sums 
that  they  may  deem  necessary  for  such  purposes,  for  which  they  shall 
pay  to  the  School  Fund,  interest  at  not  less  than  six  per  cent,  per 
annum. 

SEC.  — .  That  the  School  and  University  Funds  that  exists  in  choses 
in  action,  or  that  have  been  loaned  out  by  any  officer  of  this  State, 
shall,  when  the  same  becomes  due,  be  collected  and  paid  into  the  Treas- 
ury of  the  State,  and  the  General  Assembly  shall  provide  for  the  per- 
manent investment  of  said  fund,  or  so  much  thereof  as  is  not  required 
by  the  State  to  establish  charitable  institutions,  in  United  States  or 
selected  interest-paying  State  securities,  bearing  not  less  than  six  per 
cent  interest ;  and  that  no  more  of  the  School  or  University  funds  shall 
be  loaned  to  individuals. 

J.  C.  HALL, 
GEORGE  W.  ELLS. 

"Which  was  read,  ordered  to  lie  on  the  table,  and  that  one  hundred 
copies  thereof  be  printed  for  the  use  of  the  Convention. 

Mr.  Harris  offered  the  following  : 

Resolved,  That  the  Committee  on  Schedule  be  instructed  to  divide 
the  State  into  Judicial  Districts  ; 

Mr.  Wilson  moved  to  amend  said  resolution  so  as  "to  inquire  into  the 
expediency  of  dividing  the  State  into  Judicial  Districts  ;" 

Upon  the  question  of  agreeing  to  the  amendment  the  yeas  and  nays 
were  demanded,  and  it  was  decided  in  the  affirmative,  as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Marvin, 

Bunker,  Scott, 

Clarke,  of  Henry,  Seely, 

Clarke,  of  Johnson,  Todhunter, 

Day,  Traer, 

Ells,  Warren, 

Gray,  Wilson, 

Hollings  worth,  Young, 
Springer,  (Prest.)  IT. 


813 

\ 

NAYS. 

Messrs.  Clark,  of  Alamakeo,  Messrs.  Johnston, 

E  Iwards,  Palmer, 

Emerson,  Patterson, 

Gibson,  Peters, 

Gillaspy,  Price, 

Hall,  Skiff, 

Harris,  Solomon — 14. 

The  resolution  of  Mr.  Harris,  as  amended,  was  then  adopted. 

Mr.  Palmer  offered  the  following  as  an  additional  Article  to  be  incor- 
porated in  the  Constitution : 

ARTICLE  — . 
OF  THE  SEAT  OF  GOVERNMENT  AND  THE  STATE  UNIVERSITY. 

SECTION  1.  The  Seat  of  Government  is  hereby  permanently  estab- 
lished as  now  fixed  by  law,  at  the  City  of  Des  Moines,  in  the  County 
of  Polk  ;  and  the  State  University  at  Iowa  City,  in  the  County  of 
Johnson ; 

Which,  having  been  read,  the  same  was  ordered  to  have  a  second 
reading.  ^ 

Mr.  Clarke,  of  Johnson,  offered  the  following  : 

Resolved,  That  for  preparing  the  enrolled  copy  of  the  Journal  of 
this  Convention,  and  the  Constitution,  ordered  to  be  deposited  in  tho 
State  Department,  the  Secretary  of  this  Convention  be  paid  the  sum  of 
, : Dollars  ; 

Mr.  Clarke,'  of  Johnson,  moved  that  the  blank  in  said  resolution  bo 
filled  with  the  words  "two  hundred  ;" 

Which  motion  was  agreed  to,  and,  the  resolution,  as  amended,  was 
then  adopted. 

Mr.  Clarke,  of  Johnson,  moved  that  the  Convention  resolve  itself 
into  Committee  of  the  Whole,  upon  the  consideration  of  the  Report  of 
the  Special  Committee  on  the  Right  of  Suffrage  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Hollingsworthj 

Clarke,  of  Henry,  Marvin, 

Clarke,  of  Johnson,  Scott, 

20* 


314 


Messrs.  Edwards,  Messrs.  Seely, 

Ells,  Skiff, 

(rower,  Wilson, 

Gray,  Young, 

Springer,  (Prest.,)  15. 

NAYS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Clark,  of  Alamakee,  Palmer, 

Day, 
Emerson, 
Gibson, 
Gillaspy, 


Hall, 
Harris, 


Warren — 17. 


Patterson, 

Peters, 

Price, 

Solomon, 

Todhunter, 

Traer, 


Mr.  Clark,  of  Alamakee,  moved  to  reconsider  the  vote  by  which  the 
motion  to  go  into  Committee  of  the  Whole  was  disagreed  to  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  negative,  as  follows : 


YEAS. 

Messrs.  Bunker, 

Clarke,  of  Henry, 

Clarke,  of  Johnson, 

Clark,  of  Alamakee, 

Edwards, 

Ells, 

Gower, 


NAYS. 


Messrs.  Ayers, 
Day, 

Emerson, 

Gibson, 

Gillaspy, 

Hall, 

Harris, 

Johnston, 


Messrs.  Gray, 

Hollingsworth, 

Scott, 

Skiff, 

Todhunter, 

Wilson, 

Springer,  (P.)  14, 


Messrs.  Marvin, 
Palmer, 
Patterson, 
Peters, 
Price, 
Seely, 
Solomon, 
Wairen— 16. 


Mr.  Clarke,  of  Johnson,  moved  thatthe  Convention  do  now  adjourn  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  negative,  as  follows : 


315 

YEAS. 

Messrs.  Bunker,  Messrs.  Hollingsworth, 

Clarke,  of  Henry,  Scott, 

Clarke,  of  Johnson,  Skiff, 

Ells,  Todhunter, 

Gower,  Warren, 

Gray,  Wilson, 
Young— 13. 

NAYS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Clark,  of  Alamakee,  Marvin, 

Day,  Palmer, 

Edwards,  Patterson, 

Emerson,  Peters, 

Gibson,  Price, 

Gillaspy,  Seely, 

Hall,    '  Solomon, 

Harris,  Springer,  (P.)  18. 

A  call  of  the  House  having  been  ordered,  the  following  gentlemen 
answered  to  their  names  : 

Messrs.  Ayers,  Messrs.  Hollingsworth, 

Bunker,  Johnston, 

Clarke,  of  Henry,  Marvin, 

Clarke,  of  Johnson,  Palmer, 

Clark,  of  Alamakee,  Patterson, 

Day,  Peters, 

Edwards,  Price, 

Ells,  Scott, 

Emerson,  Seely, 

Gibson,  Skiff, 

Gillaspy,  Solomon, 

Gower,  Todhunter, 

Gray,  Warren, 

Hall,  Wilson, 

Harris,  Young, 
Springer,  (Prest.)  31. 

On  motion,  Mr.  Kobinson  was  excused. 

Pending  the  call  of  the  House, 

Mr.  Young  moved  that  the  Convention  do  now  adjourn ; 

Upon  this  question,  the  yeas  and  nays  were  demanded,  and  it 
decided  in  the  affirmative,  as  follows : 


316 

YEAS. 

Messrs.  Bunker,  Messrs.  Marvin, 

Clarke,  of  Henry,  Scott, 

Clarke,  of  Johnson,  Seely, 

Clark,  of  Alamakee,  Skiff, 

Edwards,  Todhunter, 

Ells,  Traer, 

Gower,  Warren, 

Gray,  Wilson, 

Hollingsworth,  Young, 
Springer,  (  Prest. , ) — 19. 

NATS. 

Messrs.  Ayers,  Messrs.  Harris, 

Day,  Johnston, 

Emerson,  Palmer^ 

Gibson,  Patterson, 

Gillaspy,  Peters, 

Hall,  Price, 
Solomon — 13. 

So  tho  Convention  adjourned  until  two  o'clock  this  afternoon. 


MONDAY  AFTERNOON. 

At  two  o'clock,  P.  M.,  the  Convention  again  met. 

Mr.  Marvin  moved  that  all  further  proceedings  under  the  call  of  the 
House,  pending  at  the  time  of  adjournment  this  morning,  be  dispensed 
with; 

Which  motion  was  not  agreed  to. 

Mr.  Harris  moved  a  reconsideration  of  the  vote  just  taken  ; 
Which  motion  was  disagreed  to. 

Mr.  Gillaspy  moved  that  the  Convention  take  a  recess  for  twenty 
minutes  ; 

Which  motion  was  not  agreed  to. 


317 

The  Sergeant- at- Arms  having  made  his  report  respecting  the  ab- 
sentees, 

Mr.  Skiff  moved  that  all  further  proceedings  under  the  call  be  dis- 
pensed with ; 

Which  motion  was  agreed  to. 

The  question  now  being  upon  agreeing  to  the  resolution  recommended 
by  the  Special  Committee  on  the  Right  of  Suffrage,  in  their  Report, 

The  Previous  question  was  demanded,  and, 

Upon  the  question, 

Shall  the  main  question  now  be  put  ? 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  nega- 
tive, as  follows : 

YEAS, 

Messrs.  Ayers,  Messrs.  Johnston, 

Day,  Palmer, 

Emerson,  Patterson, 

Gibson,  Peters, 

Gillaspy,  Price, 

Hall,    '  Seely, 

Harris,  Solomon — 14. 

NAYS. 

Messrs.  Bunker,  Messrs.  Hollingsworth, 

Clarke,  of  Henry,  Marvin, 

Clarke,  of  Johnson,  Scott, 

Clark,  of  Alaniakee,  /                   Skiff, 

Edwards,  Todhunter, 

Ells,  Traer, 

Gower,  Warren, 

Gray,  Wilson, 
Springer,  (Prest.)  17. 

Mr.  Skiff  moved  that  the  Convention  go  into  Committee  of  the 
Whole,  upon  the  consideration  of  the  Report  of  the  Special  Committee 
on  Right  of  Suffrage  ; 

Upon  this  question,  the  yeas  and  nays  were  demanded,  and,  it  was 
decided  in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Hollings worth, 

Clarke,  of  Henry,  Marvin, 


318 


Messrs.  Clarke,  of  Johnson,  Messrs.  Scott, 

Clark,  of  Alamakee,  Seely, 

Edwards,  Skiff, 

Ells,  Todhunter, 

Gower,  Traer, 

Gray,  Wilson, 
Springer,  (Prest.,)— 17. 


NAYS. 


Messrs.  Ayers, 
Day, 
Emerson, 
Gibson, 
Gillaspy, 
Hall, 
Harris, 


Messrs.  Johnston, 
Palmer, 
Patterson, 
Peters, 
Price, 
Solomon, 
Warren — 14. 


The  Convention  then  resolved  itself  into  Committee  of  the  Whole,  Mr. 
Clark,  of  Alamakee, in  the  Chair,  upon  the  consideration  of  the  Re- 
port of ;  the  Special  Committee  on  Right  of  Suffrage  ;  and,  after 
some  time  spent  therein,  the  Committee  rose. 

The  Convention  having  again  come  to  order, 

The  Chairman  of  the  Committee  of  the  Whole  stated  that  they  had 
concluded  the  consideration  of  the  subject  before  them,  and  reported 
back  to  the  Convention  the  resolution  recommended  by  the  Special  Com- 
mittee, with  amendments ; 

Which  report  was  received,  and  the  Committee  were  discharged. 

Said  resolution  was  then  taken  up  for  consideration,  as  follows  : 

Resolved,  That  at  the  same  election  that  this  Constitution  is  submit- 
ted to  the  people  for  its  adoption  or  rejection,  a  proposition  to  amend 
the  same,  by  sriking  out  the  word  "white,"  wherever  it  occurs  in  said 
Constitution,  shall  be  separately  submitted  to  the  electors  of  this  State 
for  their  adoption  or  rejection,  in  manner  following,  viz  : 

A  separate  ballot  may  be  given  by  every  person  having  the  right  to 
vote  at  said  election,  to  be  deposited  in  a  separate  box  ;  and  those  given 
for  the  adoption  of  such  proposition,  shall  have  the  words,  "Shall  the 
word  'white'  be  stricken  out  of  the  Constitution  where  it  occurs?  Yes!" 

And  those  given  against  the  proposition  shall  have  the  words,  "Shall 
the  word  'white'  be  stricken  out  of  the  Constitution  ?  No  !" 

And  if  at  said  election,  a  majority  of  all  the  ballots  cast  for  and 
against  said  proposition  shall  have  the  words,.  "Shall  the  word  *  white' 


319 

be  stricken  out  of  the  Constitution  wherever  it  occurs  ?  Yes  ?"  thea 
the  word  "white"  shall  be  so  stricken  out,  and  shall  not  be  any  part 
of  said  Constitution ;  and, 

The  question  being  upon  agreeing  to  the  amendment  made  in  Com- 
mittee of  the  Whole  to  said  resolution,  by  restricting  the  striking  out 
of  the  word  'white'  to  the  First  Section  of  the  Article  on  Right  of 
Suffrage,  and  by  so  changing  the  resolution  in  its  various  parts  as  to 
correspond  therewith, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirma- 
tive, as  follows : 

YEAS. 

Messrs,  Clarke,  of  Johnson,  Messrs.  Parvin, 

Clark,  of  Alamakee,  Patterson, 

Edwards,  Peters, 

Gibson,  Price, 

Gillaspy,  Scott, 

Gower,  Seely, 

Gray,  Skiff, 

Hall,  Solomon, 

Harris,  Todhunter, 

Hollings  worth,  Traer, 

Johnston,  Warren, 

Marvin,  Wilson, 

Palmer,  Young, 
Springer,  [Prest.,]  27. 

KAYS. 

Messrs.  Ayers,  Messrs.  Day, 
Bunker,  Ells, 

Clarke,  of  Henry,  Emerson — 6. 

Upon  the  question  of  agreeing  to'  the  amendment  made  in  Com- 
mittee of  the  Whole  to  said  resolution,  to  strike  out  in  the  last  clauso 
thereof,  near  the  beginning,  the  words  "said  proposition,"  and  insert 
the  words  "this  Constitution,"  causing  said  clause  to  read  as  follows  : 

"And  if  at  said  election,  a  majority  of  all  the  ballots  cast  for  and 
against  this  Constitution  shall  have  the  words,  &c  ;" 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirm- 
ative, as  follows  : 

YEAS. 

Messrs.  Ayers,  Mesers.  Johnston, 

Bunker,  Palmer, 


820 

Messrs.  Clarke,  of  Johnson,  Messrs.  Patterson, 

Day,  Peters, 

Ells,  Price, 

Gibson,  Seely, 

Gillaspy,  Skiff, 

Gower,  Solomon, 

Hall,  Warren, 

Harris,  Wilson, 

Hollings  worth,  Young, 
Springer,  (Prest.,)-— 23. 

NAYS. 

Messrs.  Clarke,  of  Henry,  Messrs.  Marvin, 
Clark,  of  Alamakee,  Parvin, 

Edwards,  Scott, 

Emerson,  Todhunter, 

Gray,  Traer— 10. 

Mr.  Harris  offered  the  following  Substitute  for  the  resolution,  as 
amended : 

ARTICLE  — . 
NEGROES  AND  MULATTOES. 

SECTION  1.  No  negro  or  mulatto  shall  come  into  the  State  after  the 
adoption  of  this  Constitution. 

SEC.  2.  All  contracts  made  with  any  negro  or  mulatto  coming  into 
the  State  contrary  to  the  provisions  of  the  foregoing  section,  shall  be 
void,  and  any  person  who  shall  employ  such  negro  or  mulatto  or  other- 
wise encourage' him  to  remain  in  the  State,  shall  be  fined  in  a  sum  not 
less  than  two  nor  more  than  five  hundred  dollars. 

SEC.  3.  All  fines  that  may  be  collected  for  a  violation  of  the  provis- 
ions of  this  Article,  or  of  any  law  which  may  hereafter  be  passed,  for 
the  purpose  of  carrying  the  same  into  execution,  shall  be  set  apart  and 
appropriated  for  the  colonization  of  such  negroes  and  mulattoes  and 
their  descendants,  as  may  be  in  the  State  at  the  adoption  of  this  Con- 
stitution. 

SEC.  4.  The  General  Assembly  shall  pass  laws  to  carry  out  the  pro- 
visions of  this  Article,  and  to  make  provisions  for  the  colonization  of 
the  negroes  and  mulattoes  and  their  descendants,  who  shall  at  the  time 
of  the  adoption  of  this  Constitution  have  a  legal  residence  in  the 
State. 

Which,  having  been  read, 

Mr.  Hall  moved  that  the  same  be  laid  on  the  table  ; 


321 

Upon  this  question  the  yeas  and  nays  were  demanded  and  it  was  de- 
cided in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Bunker,  Marvin, 

Clarke,  of  Henry,  Parvin, 

Clarke,  of  Johnson,  Price, 

Clark,  of  Alamakee,  Scott, 

Day,  Seely, 

Edwards,  Skiff, 

Ells,  Todhunter, 

Gower,  Traer, 

Gray,  Warren, 

Hall,  Wilson, 

Hollingsworth,  Young, 
Springer,  [Prest.,]  23. 

NAYS. 

Messrs.  Emerson,  Messrs.  Palmer, 

Gibson,  Patterson, 

Gillaspy,  Peters, 

Harris,  Solomon — 8. 

Mr.  Todhunter  moved  that  the  Convention  adjourn  until  nine  o'clock 
to-morrow  morning  ; 

Which  motion  was  not  agreed  to. 

Mr.  Marvin  moved  that  the  Convention  adjourn  until  seven  o'clock 
this  evening; 

Which  motion  was  not  agreed  to. 

On  motion  of  Mr.  Parvin, 

The  Convention  then  adjourned  until  quarter  past  nine  o'clock  to- 
morrow morning. 


21 


322 


TUESDAY  MORNING,  MARCH  3,  1857. 

At  nine  and  a  quarter  o'clock,  A.  M. ,  the  Convention  came  to  order, 
the  President  in  the  Chair. 

Prayer  was  offered  by  Rev.  C.  B.  Smith. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

Mr.  Wilson,  from  the  Committee  on  Schedule,  made  the  following 

REPORT. 

The  Standing  Committee  on  Schedule  beg  leave  to  submit  the  follow- 
ing report  and  recommend  its  adoption  by  the  Convention  : 

ARTICLE  XII. 
SCHEDULE. 

SECTION  1.  This  Constitution  shall  be  the  supreme  law  of  the  State, 
and  any  law  inconsistent  therewith,  shall  be  void.  The  General  Assem- 
bly shall  pass  all  laws  necessary  to  carry  this  Constitution  into  effect. 

SEC.  2.  All  laws  now  in  force  and  not  inconsistent  with  the  Consti- 
tution, shall  remain  in  force  until  they  shall  expire  or  be  repealed. 

SEC.  8.  All  indictments,  prosecutions,  suits,  pleas,  plaints,  process, 
and  other  proceedings  pending  in  any  of  the  courts,  shall  be  prosecuted 
to  final  judgment  and  execution  ;  and  .all  appeals,  writs  of  error,  cer- 
tiorari,  and  injunctions,  shall  be  carried  on  in  the  several  courts,  in  the 
same  manner  as  now  provided  by  law. 

SEC.  4.  All  fines,  penalties,  or  forfeitures  due,  or  to  become  due,  or 
accruing  to  the  State,  or  to  any  county  therein,  or  to  the  school  fund, 
shall  inure  to  the  State,  county,  or  school  fund,  in  the  manner  prescribed 
by  law. 

SEC.  5.  All  bonds  executed  to  the  State,  or  to  any  officer  in  his  offi- 
cial capacity,  shall  remain  in  force  and  inure  to  the  use  of  those  con- 
cerned. 

SEC.  6.  The  first  election  under  this  Constitution  shall  beheld  on  the 
second  Tuesday  in  October,  in  the  year  one  thousand  eight  hundred  and 
fifty-seven,  at  which  time  the  electors  of  the  State  shall  elect  the  Gov- 
ernor and  Lieutenant- Governor.  There  shall  also  be  elected  at  such 


323 

election,  the  successors  of  such  State  Senators  as  were  elected  at  the 
August  election,  in  the  year  one  thousand  eight  hundred  and  fifty-four, 
and  members  of  the  House  o£  Representatives,  who  shall  be  elected  in 
accordance  with  the  act  of  apportionment,  enacted  by  the  seventh  Gen- 
eral Assembly  of  the  State. 

SEC.  7.  The  first  election  for  Secretary,  Auditor,  and  Treasurer  of 
State,  Attorney  General,  District  Judges,  District  Attorneys,  members 
of  Congress  and  such  State  officers  as  shall  be  elected  at  the  April  elec- 
tion, in  the  year  one  thousand  eight  hundred  and  fifty-seven,  except  the 
Superintendent  of  Public  Instruction,  and  such  county  officers  as  were 
elected  at  the  August  election,  in  the  year  one  thousand  eight  hundred 
and  fifty-six,  except  Prosecuting  Attorneys,  shall  be  held  on  the  second 
Tuesday  of  October,  one  thousand  eight  hundred  and  fifty-eight. 

SEC.  8.  The  first  election  for  Judges  of  the  Supreme  Court,  and  such 
county  officers  as  shall  be  elected  at  the  August  election,  in  the  year  one 
thousand  eight  hundred  and  fifty-seven,  shall  be  held  on  the  second 
Tuesday  of  October,  in  the  year  one  thousand  eight  hundred  and  fifty- 
nine. 

SEC.  9.  The  first  regular  session  of  the  General  Assembly  shall  be 
held  in  the  year  one  thousand  eight  hundred  and  fifty-eight,  commenc- 
ing on  the  second  Monday  of  January  of  said  year. 

SEC.  10.  Senators  elected  at  the  August  election,  in  the  year  one 
thousand  eight  hundred  and  fifty-six,  shall  continue  in  office  until  the 
second  Tuesday  of  October,  in  the  year  one  thousand  eight  hundred 
and  fifty-nine,  at  which  time  their  successors  shall  be  elected  as  maybe 
prescribed  by  law. 

SEC.  11.  Every  person  elected  by  popular  vote,  by  vote  of  the  Gen- 
eral Assembly,  or  who  may  hold  office  by  executive  appointment,  which 
office  is  continued  by  this  Constitution,  and  every  person  who  shall  be 
so  elected  or  appointed,  to  any  such  office,  before  the  taking  effect  of 
this  Constitution,  (except  as  in  this  Constitution  otherwise  provided,) 
shall  continue  in  office  until  the  term  for  which  such  person  has  been  or 
may  be  elected  or  appointed  shall  expire  :  Provided,  That  no  such  per- 
son shall  continue  in  office  after  the  taking  effect  of  this  Constitution, 
for  a  longer  period  than  the  term  of  such  office,  in  this  Constitution 
prescribed. 

SEC.  12.  On  the  taking  effect  of  this  Constitution,  all  officers  thereby 
continued  in  office,  shall,  before  proceeding  in  the  further  discharge  oi: 
their  duties,  take  an  oath  or  affirmation  to  support  this  Constitution. 

SEC.  18.  The  General  Assembly,  at  the  first  session  under  this  Con- 
stitution, shall  district  the  State  into  eleven  Judicial  Districts,  for  Dis- 
trict Court  purposes  ;  and  shall  also  provide  for  the  apportionment  of 


324 

the  members  of  the  House  of  Representatives,  in  accordance  with  the 
provisions  of  this  Constitution. 

SEC.  14.  The  foregoing  Constitution  shall  be  submitted  to  the  elec- 
tors of  the  State  at  the  August  election,  in  the  year  one  thousand  eight 
hundred  and  fifty-seven,  in  the  several  election  districts  in  this*  State. 
The  ballots  at  such  election  shall  be  written  or  printed  as  follows  : 
Those  in  favor  of  the  Constitution,  "New  Constitution — Yes."  Those 
against  the  Constitution,  "New  Constitution — No."  The  election  shall 
be  conducted  in  the  same  manner  as  the  general  election  of  the  State, 
and  the  poll-books  shall  be  returned  and  canvassed  as  provided  in  the 
twenty-fifth  chapter  of  the  code,  and  abstracts  shall  be  forwarded  to 
the  Secretary  of  State,  which  abstracts  shall  be  canvassed  in  the  man- 
ner provided  for  the  canvass  of  State  officers.  And  if  it  shall  appear 
that  a  majority  of  all  the  votes  cast  at  such  election  for  and  against 
this  Constitution  are  in  favor  of  the  same,  the  Governor  shall  immediately 
issue  his  proclamation  stating  that  fact,  and  such  Constitution  shall  be 
the  Constitution  of  the  State  of  Iowa,  and  shall  take  effect  from  and 
after  the  publication  of  said  proclamation. 

Respectfully  submitted. 

LEWIS  TODHUNTER, 
JAMES  F.  WILSON, 
H.  W.  GRAY. 

The  undersigned  concurs  in  the  foregoing  with  the  exception  that  he 
favors  the  election  of  Supreme  Court  Judges  at  the  election  in  October, 
1857. 

H.  J.  SKIFF. 

Which  was  read,  ordered  to  lie  on  the  table,  and  that  one  hundred 
copies  thereof  be  printed  for  the  use  of  the  Convention. 

The  Convention  then  resumed  the  consideration  of  the  subject  before 
them  yesterday  afternoon  at  the  time  of  adjournment;  and, 

The  question  being  upon  agreeing  to  the  resolution  reported  by  the 
Committee  of  the  Whole,  as  amended, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirma- 
tive, as  follows : 

YEAS. 

Messrs.  Bunker,  Messrs.  Marvin, 

Clarke,  of  Henry,  Parvin, 

Clarke,  of  Johnson,  Scott, 

Clark,  of  Alamakee,  Seely, 

Edwards,  Skiff, 

Ells,  Todhunter, 


326 

Messrs.  Gower,  Messrs.  Traer, 

Gray,  Wilson, 

Hollingsworth,  Young, 
Springer,  (Prest.,) — 19. 

NAYS. 

Messrs.  Ayers,  Messrs.  Harris, 

Day,  Johnston, 

Emerson,  Palmer, 

Gibson,  Patterson, 

Gillaspy,  Peters, 

Hall,    '  Price, 

Solomon — 13. 

t 

Said  resolution  was  then  ordered  to  have  a  third  reading,  and  was  re- 
ferred to  the  Committee  on  Revision,  Engrossment  and  Enrollment. 

Mr.  Clarke,  of  Johnson,  moved  to  take  up  the  resolutions  which  were 
laid  on  the  table  on  Saturday  last,  relative  to  the  distribution  of  the 
copies  of  the  Debates,  &c., 

Which  motion  was  agreed  to. 

The  motion  of  Mr.  Young,  then  pending,  that  tnat  portion  of  the 
second  resolution  relative  to  the  printing  of  five  hundred  additional  copies 
be  stricken  out, 

Was  then  agreed  to. 

Mr.  Palmer  moved  that  said  resolution  be  so  amended  that  one  hundred 
and  seventy-five  additional  copies  be  printed,  in  lieu  of  five  hundred  ; 
Which  motion  was  disagreed  to. 

Mr.  Skiff  moved  that  said  resolution  be  so  amended  that  the  Secre- 
taries, Reporters,  Sergeant- at- Arms  and  Chaplain  each  have  five  copies 
instead  of  three ; 

Which  motion  was  agreed  to. 

Mr.  Skiff  moved  that  the  Messengers  and  other  officers  of  the  Con- 
vention not  provided  for  otherwise,  each  have  one  copy  ; 
Which  motion  was  agreed  to. 

Mr.  Traer  moved  that  that  portion  of  said  resolution  relative  to  sup- 
plying  members  of  the  General  Assembly  be  stricken  out ; 
Which  motion  was  agreed  to. 

Mr.  Traer  moved  to  strike  out  that  portion  relative  to  the  distribution 
to  counties ; 

Which  motion  was  agreed  to. 


326 

On  motion  of  Mr.  Clark,  of  Alamakee,  the  vote  last  taken  was  re- 
considered ;  and 

A  motion  that  two  copies  instead  of  five  be  distributed  to  each 
county, 

Was  then  agreed  to. 

Mr.  Clarke,  of  Johnson,  moved  to  strike  out  that  part  of  said  reso- 
lution relative  to  supplying  District  Prosecuting  Attorneys  ; 
Which  motion  was  agreed  to. 

Mr.  Todhunter  moved  to  amend  the  first  resolution  so  as  to  increase 
the  allowance  to  the  Reporter  from  one  hundred  and  twenty  dollars  to 
two  hundred  dollars  ; 

Which  motion*was  agreed  to. 

Mr.  Clarke,  of  Johnson,  offered  the  following,  as  an  additional  reso- 
lution : 

_  Resolved,  That  it  be  made  the  duty  of  the  Secretary  of  State  to 
distribute  the  Debates  of  this  Convention,  as  provided  for  in  the  fore- 
going resolution ;  and  that  he  be  paid  for  such  distribution  the  sum  of 
— dollars  : 

Mr.  Clarke,  of  Johnson,  moved  to  fill  the  blank  with  the  words  "five 
hundred ; " 

On  motion,  the  resolutions  as  amended,  together  with  the  resolution 
of  Mr.  Clarke,  of  Johnson,  were  referred  back  to  the  Select  Com- 
mittee. 

The  Convention  then  proceeded  to  the  consideration  of  the  additional 
Article  to  the  Constitution,  offered  by  Mr.  Palmer,  and  read  yesterday 
for  the  first  time,  as  follows  : 

ARTICLE  — . 
OP  THE  SEAT  OF  GOVERNMENT  AND  THE  STATE  UNIVERSITY. 

SECTION  1.  The  Seat  of  Government  is  hereby  permanently  estab- 
lished as  now  fixed  by  law,  at  the  City  of  Des  Moines,  in  the  County 
of  Polk  ;  and  the  State  University  at  Iowa  City,  in  the  County  of 
Johnson ; 

The  same  being  upon  its  second  reading, 
Mr.  Clarke,  of  Johnson,  offered  the  following  as  a  Substitute : 
"That  the  question  of  locating  the  Seat  of    Government  at  Des 
Moines  City,  and  the  State  University  at  Iowa  City,  be  submitted  to  the 
people  as  a  separate  proposition,  at  the  same  time  that  a  vote  is  taken 


827 

on  the  adoption  of  the  Constitution ;  and  that,  if  a  majority  of  the 
votes  cast  at  such  election  shall  vote  in  favor  of  such  proposition  the 
said  institutions  shall  be  so  located. 

Mr.  Skiff  moved  the  Previous  Question ; 

Pending  which  motion, 

Mr.  Marvin  moved  that  the  Convention  do  now  adjourn  ; 

Which  motion  was  agreed  to,  and 

The  Convention  then  adjourned  until  two  o'clock  this  afternoon. 


TUESDAY  AFTERNOON. 

At  two  o'clock,  P.  M.,  the  Convention  again  met. 

The  Convention  then  proceeded  to  the  consideration  of  the  subject 
before  them  this  morning,  at  the  time  of  adjournment: 

On  motion  of  Mr.  Clarke,  of  Johnson, 

A  call  of  the  House  was  ordered,  and  the  following  gentlemen  an- 
swered to  their  names  : 

Messrs.  Ayers,  Messrs.  Marvin, 

Bunker,  Palmer, 

Clarke,  of  Henry,  Parvin, 

Clarke,  of  Johnson,  Patterson, 

Clark,  of  Alamakee,  Peters, 

Day,  Price, 

Edwards,  Robinson, 

Ells,  Scott, 

Emerson,  Seely, 

Gibson,  Skiff, 

Gillaspy,  Solomon, 

Gower,  Todhunter, 

Gray,  Traer, 

Hall,  Warren, 

Harris,  Wilson, 

Hollingsworth,  Young, 

Johnston,  Springer,  (P.,)  34. 


328 

Mr.  Parvin  moved  that  further  proceedings  under  the  call  be  dispens- 
ed with  ; 

Which  motion  was  agreed  to. 

Upon  the  question  pending  this  morning, 
Shall  the  main  question  now  be  put  ? 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirma- 
tive, as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Clarke,  of  Henry,  Palmer, 

Day,  Parvin, 

Edwards,  Patterson, 

Gibson,  Price, 

Gillaspy,  Robinson, 

Hall,    '  Seely, 

Harris,                 .  Skiff, 

Hollingsworth,  Solomon, 
Todhunter— 19. 

NAYS. 

Messrs.  Bunker,  Messrs.  Marvin, 
Clarke,  of  Johnson,  Peters, 

Clark,  of  Alamakee,  Scott, 

Ells,  Traer, 

Emerson,  Warren, 

Gower,  Wilson, 

Gray,  Young, 

Springer,  (Prest.,) — 15. 

The  question  now  being  upon  agreeing  to  the  Substitute  offered  by 
Mr.  Clarke,  of  Johnson,  for  the  Article  proposed  by  Mr.  Palmer, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  nega- 
tive, as  follows : 

YEAS. 

Messrs.  Bunker,  Messrs.  Gower, 

Clarke,  of  Johnson,  Gray, 

Clark,  of  Alamakee,  Scott, 

Ells,  Traer, 

Emerson,  Warren, 

Springer,  [Prest.,]  11. 


329 


NAYS. 


Messrs. 

Ayers, 

Messrs.  Palmer, 

Clarke,  of  Henry, 

Parvin, 

Day, 

Patterson, 

Edwards, 

Peters, 

Gibson, 

Price, 

{^•j^^^HftjlLA'   ^  , 

' 

Gillaspy, 
Hall, 
Harris, 

Robinson, 
Seely, 
Skiff, 

Rollings  worth, 

Solomon, 

Johnston, 

Todhunter, 

Marvin, 

Wilson, 

Young— -23. 

The  question  now  recurring  upon  agreeing  to  the  proposed  Article 
offered  by  Mr.  Palmer, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirma- 
tive, as  follows : 


YEAS. 


Messrs.  Ayers, 

Clarke,  of  Henry, 

Day, 

Edwards, 

Gibson, 

Gillaspy, 

Hall, 

Harris, 

Hollingsworth, 

Johnston, 


Messrs.  Palmer, 

Patterson, 

Price, 

Robinson, 

Seely, 

Skiff, 

Solomon, 

Todhunter, 

Warren, 

Springer,  (P.)  20. 


NAYS. 

Messrs.  Bunker, 

Clarke,  of  Johnson, 

Clark,  of  Alamakee, 

Ells, 

Emerson, 

Gower, 

Gray, 

Young — 15. 

The  same  was  then  ordered  to  have  a  third  reading,  and  was  referred 
to  the  Committee  on  Revision,  Engrossment  and  Enrollment. 

The  Report  of  the  Committee  on  Education  and  School  Lands  waa 
21* 


Messrs.  Marvin, 
Parvin, 
Peters, 
Scott, 
Traer, 
Wilson, 
Winchester, 


330 

then  taken  up  ;  and,  the  First  Article  of  the  same  being  under  consid- 
eration on  its  second  reading, 

Mr.  Wilson  offered  the  following  as  a  Substitute  therefor : 

ARTICLE . 

EDUCATION  AND  SCHOOL  LANDS. 


SECTION  1.  The  General  Assembly  shall  provide  for  the  election  or 
appointment  of  a  Board  of  Education,  to  be  composed  of  twelve  per- 
sons, who  shall  be  the  Trustees  of  the  University,  and  shall  have  the 
general  charge  and  control  of  education  in  the  State.  They  shall  have 
power  to  appoint  a  Secretary  of  the  Board,  who  shall  be  their  executive 
agent,  and  perform  such  duties  as  may  be  imposed  upon  him  by  the 
Board  of  Education  or  the  laws  of  the  State. 

SEC.  2.  Knowledge  and  learning,  generally  diffused  throughout  a 
community,  being  essential  to  the  preservation  of  a  free  government, 
it  shall  be  the  duty  of  the  General  Assembly  to  encourage,  by  all  suita- 
ble means,  moral,  intellectual,  scientific,  and  agricultural  improvements, 
and  to  provide  by  law  for  a  general  and  uniform  system  of  Common 
Schools,  wherein  tuition  shall  be  without  charge,  and  equally  open  to 
all.  The  proceeds  of  all  lands  that  have  been,  or  hereafter  may 
be,  granted  by  the  United  States  to  this  State,  for  the  support  of 
schools,  which  shall  hereafter  be  sold,  or  disposed  of,  and  the  five  hun- 
dred thousand  acres  of  land  granted  to  the  new  States,  under  an  act  of 
Congress,  distributing  the  proceeds  of  the  public  lands  among  the  sev- 
eral States  of  the  Union,  approved  A.  D.  1841,  and  all  estates  of 
deceased  persons  who  may  have  died  without  leaving  a  will  or  heir, 
and  also  such  per  cent,  as  may  be  granted  by  Congress,  on  the  sale  of 
lands  in  this  State,  shall  be,  and  remain  a  perpetual  fund,  the  interest 
of  which,  together  with  all  the  rents  of  the  unsold  lands,  and  such  other 
means  as  the  General  Assembly  may  provide,  shall  be  inviolably  ap- 
propriated to  the  support  of  common  schools  throughout  the  State. 

SEC.  3.  The  money  which  shall  be  paid  by  persons  as  an  equivalent 
for  exemption  from  military  duty,  and  the  clear  proceeds  of  all  fines 
collected  in  the  several  counties  for  any  breach  of  the  penal  laws,  shall 
be  exclusively  applied,  in  the  several  counties  in  which  such  money  is 
paid,  or  fine  collected,  among  the  several  school  districts  of  said  coun- 
ties, in  the  proportion  to  the  number  of  inhabitants  in  such  districts,  to 
the  support  of  common  schools,  or  the  establishment  of  libraries,  as 
the  General  Assembly  shall,  from  time  to  time,  provide  by  law. 

SEC.  4.  The  General  Assembly  shall  take  measures  for  the  protec- 
tion, improvement,  or  other  disposition  of  such  lands  as  have  been,  or 
may  hereafter  be  reserved,  or  granted  by  the  United  States,  or  any 


331 

person  or  persons,  to  this  State,  for  the  use  of  a  University,  and  the 
funds  accruing  from  the  rents  or  sale  of  such  lands,  or  from  any  other 
source  for  the  purpose  aforesaid,  shall  be,  and  remain,  a  permanent 
fund,  the  interest  of  which  shall  be  applied  to  the  support  of  said  Uni- 
versity, with  such  branches  as  the  public  convenience  may  hereafter  de- 
mand, for  the  promotion  of  literature,  the  arts  and  sciences,  as  may 
be  authorized  by  the  terms  of  such  grant.  And  it  shall  be  the  duty  of 
the  General  Assembly  as  soon  as  maybe,  to  provide  effectual  means  for 
the  improvement  and  permanent  security  of  the  funds  of  said  Uni- 
versity. 

Upon  the  question  of  agreeing  to  said  Substitute,  the  yeas  and  nays 
were  demanded,  and  it  was  decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Scott, 
Clarke,  of  Henry,  Traer, 

Clarke,  of  Johnson,  Wilson, 

Clark,  of  Alamakee,  Winchester, 

Gower,  Young, 

Gray,  Springer,  (P. )  12. 

NAYS. 

Messrs.  Ayers,  Messrs.  Palmer, 

Day,  Parvin, 

Edwards,  Patterson, 

Emerson,  Peters, 

Gibson,  Price, 

Gillaspy,  Robinson, 

Hall,  Seely, 

Harris,  Skiff, 

Johnston,  Solomon, 

Marvin,  Todhunter, 
Warren— 21. 

The  Second  Section  of  said  Article  being  under  consideration,  as 
follows : 

SBC.  2.  No  person  shall  be  eligible  as  a  member  of  said  Board  who 
shall  not  have  attained  the  age  of  twenty-five  years,  and  been  one  year 
a  citizen  of  the  State. 

Mr.  Traer  moved  to  amend  the  same  by  striking  out  the  words 
"twenty-five"  and  inserting  the  words  "twenty-one ;" 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  negative,  as  follows : 


832 


YEAS. 

Messrs.  Clarke,  of  Henry, 

Clark,  of  Alamakee, 

Peters, 

Scott, 

NAYS. 

Messrs.  Ayers, 
Bunker, 

Clarke,  of  Johnson, 
Day, 
Edwards, 
Emerson, 
Gibson, 
Gillaspy, 
Gower, 
Gray, 
Hall, 
Harris, 


Messrs.  Seely, 

Solomon, 
Traer, 
Wilson— 8. 


Messrs.  Marvin, 
Palmer, 
Parvin, 
Patterson, 
Price , 
Robinson, 
Skiff, 

Todhunter, 
Warren, 
Winchester, 
Young, 
Springer,  (P.)  24. 


The  Seventh  Section  of  said  Article  being  under  consideration,  as 
follows : 

SEC.  7.  All  rules  and  regulations  made  by  the  Board  shall  be  pub- 
lished and  distributed  to  the  several  counties,  townships,  and  school 
districts,  as  may  be  provided  for  by  the  Board,  and  when  so  passed,  pub* 
lished,  and  distributed,  they  shall  have  the  force  and  effect  of  law. 

Mr.  Scott  moved  to  amend  the  same  by  striking  out  of  said  section 
the  words,  "as  may  be  provided  for  by  the  Board"  near  the  middle 
thereof  ; 

Which  motion  was  not  agreed  to. 

Mr.  Clarke,  of  Henry  offered  the  following  Substitute  for  the  Sec- 
tions of  said  Article  from  Five  to  Ten,  inclusive  of  both  : 

SEC.  — .  The  powers,  duties  and  compensauon  of  the  Board  shall 
be  such  as  shall  be  prescribed  by  law  ; 

The  Previous  question  having  been  demanded, 

Upon  the  question, 

Shall  the  main  question  now  be  put  ? 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  nega- 
tive, as  follows : 


YEAS. 


Messrs.  Ayers, 
Day, 


Messrs.  Patterson, 
Price, 


333 


Messrs.  Gibson, 
Gillaspy, 
Hall, 
Harris, 
Johnston, 
Palmer,  • 

NAYS. 

Messrs.  Bunker, 

Clarke,  of  Henry, 

Clarke,  of  Johnson, 

Clark,  of  Alamakee, 

Edwards, 

Emerson, 

Gower, 

Gray, 

Hollingsworth,* 


Messrs.  Robinson, 
Skiff, 
Solomon, 
Todhunter, 
Warren, 
Winchester — 16. 


Messrs.  Marvin, 
Parvin, 
Peters, 
Scott, 
Seely, 
Traer, 
Wilson, 
Young, 
Springer,  (P.)  18. 


Upon  the  question  of  agreeing  to  the  Substitute  offered  by  Mr.  Clarke, 
of  Henry, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  nega- 
tive, as  follows : 


YEAS. 

Messrs.  Bunker, 

Clarke,  of  Henry, 
Clarke,  of  Johnson, 
Clark,  of  Alamakee, 
Gray, 


Young — 11. 

NAYS. 


Messrs.  Hollingsworth, 
Parvin, 
Traer, 
Wilson, 
Winchester, 


Messrs.  Ayers, 
Day, 
Edwards, 
Ells, 

Emerson, 
Gibson, 
Gillaspy, 
Gower, 
Hall, 
Harris, 
Johnston, 


Warren— 23. 


Messrs.  Marvin, 
Palmer, 
Patterson, 
Peters, 
Price, 
Robinson, 
Scott, 
Seely, 
Skiff, 
Solomon, 
Todhunter, 


334 

The  Ninth  Section  of  said  Article  being  under  consideration,  as 
follows : 

SEC.  9.  The  Governor  of  the  State  shall  be,  ez-officio,  a  member  of 
said  Board. 

Mr.  Clarke,  of  Johnson,  moved  to  strike  out  said  section  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Parvin, 

Clarke,  of  Henry,  Skiff, 

Clarke,  of  Johnson,  Traer, 

Clark,  of  Alamakee,  Warren, 

Gray,  Wilson, 

Hollingsworth,  Young, 
Springer,  (Prest.,)  13. 

NAYS. 

Messrs.  Ayers,  Messrs.  Marvin, 

Day,  Palmer, 

Edwards,  Patterson, 

Ells,  Peters, 

Emerson,  Price, 

Gibson,  Robinson, 

Gillaspy,  Scott, 

Gower,  Seely, 

Hall,  Solomon, 

Harris,  Todhunter, 

Johnston,  Winchester — 22. 

The  Tenth  Section  of  said  Article  being  under  consideration,  as 
follows : 

SEC.  10.  The  Board  shall  not  have  power  to  levy  taxes,  or  make  ap- 
propriations of  money.  The  contingent  expenses  shall  be  provided  ['or 
by  the  General  Assembly. 

Mr.  Clarke,  of  Henry,  moved  to  amend  said  section  by  striking  out 
the  words  u The  contingent"  and  inserting  the  word  "All;"  also  by 
adding  at  the  end  of  said  section  the  words  "but  no  part  of  the  costs 
or  expenses  of  said  Board  shall  be  charged*  to  the  School  Fund  ;" 

Upon  the  question  of  agreeing  to  the  same,  the  yeas  and  nays  were 
demanded,  and,  it  was  decided  in  the  negative,  as  follows : 


•      335 

YEAS. 

Messrs.  Bunker,  Messrs.  Rollings  worth, 

Clarke,  of  Henry,  Palmer, 

Clarke,  of  Johnson,  Parvin, 

Clark,  of  Alamakee,  Scott, 

Ells,  Seeiy, 

Gibson,  Traer, 

Gray,  Wilson, 

Harris,  Young, 
Springer,  (Prest.)17. 

NAYS. 

Messrs.  Ayers,  Messrs.  Patterson > 

Day,  Peters, 

Edwards,  Price, 

Emerson,  Robinson, 

Gillaspy,  Skiff, 

Gower,  Solomon, 

Hall,  Todhunter, 

Johnston,  Warren, 

Marvin,  Winchester — 18. 

Mr.  Wilson  moved  to  amend  the  same  section  by  striking  out  the 
word  "shall"  in  the  last  clause  thereof  and  inserting  the  word  "may  ;" 

Upon  the  question  of  agreeing  to  said  motion,  the  yeas  and  nays  were 
demanded,  and  it  was  decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Hollingsworth, 

Clarke,  of  Henry,  Parvin, 

Clarke,  of  Johnson,  Traer, 

Clark,  of  Alamakee,  Warren, 

Gray,  Wilson, 
Young — 11. 

NAYS. 

Messrs.  Ayers,  Messrs.  Palmer, 

Day,  Patterson, 

Edwards,  Peters, 

Ells,  Price, 

Emerson,  Robinson, 

Gibson,  Scott, 

Gillaspy,  Seely, 

Gower,  Skill', 


336      . 

Messrs.  Hall,  Messrs.  Solomon, 
Harris,  Todtmnter, 

Johnston,  Winchester, 

Marvin,  Springer,  (P.)  24. 

The  Twelfth  Section  of  said  Article  being  under  consideration,  as 
follows  : 

SEC.  12.  The  Board  of  Education  shall  provide  for  the  education  of 
all  the  youths  of  the  State,  through  a  system  of  schools.  A  school 
shall  be  organized  and  kept  in  each  school  district  at  least  three  months 
in  each  year.  Any  district  failing,  for  two  consecutive  years,  to  or- 
ganize and  keep  up  a  school,  may  be  deprived  of  their  portion  of  the 
school  fund. 

Mr.  Wilson  moved  to  amend  said  section  by  inserting  the  word 
"common"  before  the  word  schools,  at  the  end  of  the  first  clause 
thereof  ; 

Upon  this  question,  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  negative,  as  follows : 

YEAS. 

Messrs.  Bunker,  Messrs.  Scott, 

Clarke,  of  Henry,  Seely, 

Clarke,  of  Johnson,  Skiff, 

Clark,  of  Alamakee,  Traer, 

Ells,  Warren, 

Gray,  Wilson, 

Hollingsworth,  Winchester, 

Parvin,  Young, 
Springer,  (Prest.,^ — 17. 

NAYS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Day,  Marvin, 

Edwards,  Palmer, 

Emerson,  Patterson, 

Gibson,  Peters, 

Gillaspy,  Price, 

Gower,  Robinson, 

Hall,  Solomon, 

Harris,  Todhunter— 18. 

The  Thirteenth  Section  of  said  Article  "being  under  consideration,  as 
follows : 

SEC.  13.  The  Board  of  Education  shall  receive  the  same  per  diem 


S37 

and  mileage,  during  the  time  of  their  session,  as  members  of  the 
General  Assembly;  and  for  0ther  services,  such  compensation  as  shall 
be  provided  for  by  the  General  Assembly. 

Mr.  Palmer  moved  to  amend  the  same,  by  insering  before  the  word 
" Board,"  near  the  commencement  thereof,  the  words  " members  of 
the ;" 

Which  motion  was  agreed  to. 

Mr.  Clarke,  of  Johnson,  moved  to  strike  out  the  last  clause  of  said 
section,  as  follows  :  and  for  other  services  such  compensation  as. shall 
be  provided  for  by  the  General  Assembly  ;" 

Pending  this  question moved  that  the  Conven- 
tion adjourn  until  seven  o'clock  this  evening  ; 

Upon  this  question,  the  yeas  and  nays  were  demanded,  and  resulted 
as  follows: 

YEAS. 

Messrs.  Ayers,  Messrs.  Marvin, 

Day,  Patterson, 

Emerson,  Peters, 

Edwards,  Price, 

Gibson,  Robinson, 

Gillaspy,  '  Skiff, 

Hall,  Solomon, 

Harris,  Traer, 

Johnston,  Warren, 
Winchester — 19. 

NAYS. 

Messrs.  Bunker,  Messrs.  Palmer, 

Clarke,  of  Henry,  Parvin, 

Clarke,  of  Johnson,  Scott, 

Clarke,  of  Alainakee,  Seely, 

Ells,  Todlmnter, 

Gower,  Wilson , 

Gray,  Young, 

Hollingsworth,  Springer,  [P.]  16. 

So  the  Convention  adjourned  until  seven  o'clock  this  morning. 


22 


338 


TUESDAY  EVENING. 

At  seven  o'clock,  P.  M.,  the  Convention  again  met. 

Mr.  Gibson  offered  the  following  : 

Resolved,  That  Messrs.  Clark,  of  Alamakee,  and  Price  be  added  to 
the  Committee  on  Expenditures  ; 

Mr.  Young  moved  that  said  resolution  be  laid  on  the  table  ; 
Which  motion  was  not  agreed  to. 

Mr.  Traer  moved  that  the  consideration  of  said  resolution  be  post- 
poned indefinitely ; 

Upon  this  question  the  yeas  and  naya  were  demanded  and  it  was  de- 
cided in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Rollings  worth, 

Bunker,  Marvin, 

Clarke,  of  Johnson,  Skiff, 

Edwards,  Traer, 

Ells,  Wilson, 

Gower,  Winchester, 

Gray,  Young, 
Springer,  [Prest.,]  15. 

NAYS. 

Messrs.  Day,  Messrs.  Patterson, 

Emerson,  Peters  ,J 

Gibson,  Robinson, 

Gillaspy,  Scott, 

Hall,    '  Seely, 

Johnston,  Solomon, 

Palmer,  Warren — 14. 

Messrs.  Clark,  of  Alamakee,  Price  and  Parvin,  were  severally  excus- 
ed from  voting. 

The  Convention  then  resumed  the  consideration  of  the  Report  of  the 
Committee  on  Education  and  School  Lands  ;  and, 

The  question  being  upon  agreeing  to  the  amendment  offered  by  Mr. 


330 

Clarke,  of  Johnson,  to  the  Thirteenth  Section  of  the  Pirst  Article  of 

Baid  Report, 

The  same  was  agreed  to. 

Mr.  Gray  moved  to  amend  said  Section  so  as  to  cause  it  to  read  as 
follows : 

SEC.  13.  The  Board  of  Education  shall  receive  the  same  per  diem 
during  the  time  of  their  session,  and  mileage  going  to  and  returning 
therefrom,  as  members  of  the  General  Assembly  ; 

Which  motion  was  agreed  to. 

The  Fifteenth  Section  of  said  Article  being  under  consideration,  as 
follows  : 

SEC.  15.  At  any  time  after  the  year  1865,  the  General  Assembly, 
two-thirds  of  each  branch  concurring,  shall  have  power  to  supercede  or 
re- organize  said  Board  of  Education,  and  provide  for  the  educational 
interest  of  the  State  in  any  other  manner  that  to  them  shall  seem  best 
and  proper. 

Mr.  Wilson  offered  the  following  as  a  Substitute  for  said  section : 

SEC.  15.  At  any  time  after  the  year  1863  the  General  Assembly 
shall  have  power  to  abolish  or  reorganize  said  Board  of  Education  and 
provide  for  the  Educational  interest  of  the  State  in  any  other  manner 
that  to  them  should  seem  best  and  proper  ; 

Which  was  agreed  to. 

Mr.  Wilson  moved  to  amend  the  Fourth  Section  of  said  Article  so  as 
to  read  as  follows  : 

SEC.  4.  The  first  session  of  the  Board  of  Education  shall  be  held  at 
the  Seat  of  Government,  on  the  first  Monday  of  December,  after  their 
election  ;  after  which  the  General  Assembly  may  fix  the  time  and  place 
of  meeting. 

Which  was  agreed  to. 

Mr.  Gower  moved  a  reconsideration  of  the  vote  by  which  the  amend- 
ment offered  by  Mr.  Wilson  to  the  Twelfth  Section  was  disagreed  to; 
Which  was  agreed  to. 

Said  amendment,  proposing  to  insert  the  werd  " common"  before 
the  word  i 'schools,"  was  then  agreed  to. 

Mr.  Scott  moved  to  reconsider  the  vote  by  which  the  amendment  of- 
ferred  by  Mr.  Clarke,  of  Henry,  to  the  Tenth  Section,  was  disagreed  to. 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  negative,  as  follows : 


340 

YEAS. 
Messrs.  Bunker, 

Clarke,  of  Henry, 

Clarke,  of  Johnson, 

Ells, 

Gray, 

Harris, 

NAYS. 

Messrs.  Ayers, 

Clark,  of  Alamakee, 

Day, 

Edwards, 

Emerson, 

Gibson, 

Gillaspy, 

Gower, 

Hall, 


Messrs.  Parvin, 
Scott, 
Seely, 
Solomon, 
Young, 
Springer(P.)12. 


Messrs.  Hollingsworth, 
Marvin, 
Patterson, 
Peters, 
Kobinson, 
Skiff, 
Traer, 
Warren, 
Winchester — 18. 


Mr.  Hall  moved  that  said  Article,  as  amended,  be  ordered  to  have  a 
third  reading,  and  be  referred  to  the  Committee  on  Revision,  Engross- 
ment and  Enrollment ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  affirmative,  as  follows  : 


YEAS. 


Messrs.  Ayers, 

Clark,  of  Alamakee, 

Day, 

Edwards, 

Ells, 

Emerson, 

Gibson, 

Gillaspy, 

Gower, 

Hall, 

Harris, 

, Springer,  (Prest.,)-— 23. 

NAYS. 

Messrs.  Bunker,  Messrs.  Gray, 

Clarke,  of  Henry,  Parvin, 

Clarke,  of  Johnson,  Traer, 

Young-— 7. 


Messrs.  Hollingsworth, 
Marvin, 
Patterson, 
Peters, 
Robinson, 
Scott, 
Seely, 
Skiff, 
Solomon, 
Warren, 
Winchester, 


341 


The  Second  Article  of  said  Report  of  the  Committee  on  Education 
and  School  Lands  was  then  taken  up  on  its  second  reading :  and, 

The  Third  Section  thereof  being  under  consideration, 

Mr.  Ells  moved  to  amend  the  same  by  adding  thereto  the  following 
words  :  "in  which  tuition  shall  be  without  charge  ;" 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  negative,  as  follows: 


YEAS. 

Messrs.  Clarke,  of  Henry, 

Clark,  of  Alamakee, 

Ells, 

Gray, 

NAYS. 

Messrs.  Ayers,- 
Bunker, 

Clarke,  of  Johnson, 
Day, 
Edwards, 
Emerson, 
Gibson, 
Gillaspy, 
Gower, 
Hall, 
Harris, 
Johnston, 

Young— 25. 


Messrs.  Hollingsworth, 
Seely, 
Wilson, 
Springer,  [P.]  8, 


Messrs.  Marvin, 
Palmer^ 
Parvin, 
Patterson, 
Peters, 
Robinson, 
Scott, 
Skiff, 
Solomon, 
Traer, 
Warren, 
Winchester, 


Mr.  Solomon  moved  to  strike  out  the  last  clause  of  the  Fifth  Section, 
and  the  words  "and  county,"  near  the  middle  of  the  Sixth  Section, 
and  the  whole  of  the  Seventh  Section,  and  offered  the  following  to  come 
in  as  the  Seventh  Section : 

SEC.  7.  For  the  purpose  of  erecting  charitable  institutions  and  other 
public  buildings  of  this  State,  the  Greneral  Assembly  may  provide  by 
law  for  borrowing  from  the  School  and  University  Funds  for  a  series  of 
years,  such  sum  or  gams  as  they  may  deem  necessary  for  such  purposes, 
for  which  they  shall  annually  pay  to  the  School  Fund  interest  at  the 


rate  of 


per  cent,  per  annum  ; 


On  motion  of  Mr.  Clarke,  of  Johnson, 
The  Convention  then  adjourned. 


342 


WEDNESDAY  MORNING,  MARCH  4,  1857. 

At  nine  o'clock,  A.  M.,  the  Convention  came  to  order,  the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

Mr.  Todhunter,  from  the  Special  Committee  relative  to  the  publica- 
tion of  the  Debates  and  their  distribution,  made  the  following 

REPORT. 

Resolved,  That  W.  Blair  Lord  be  employed  to  index  and  superin- 
tend the  publication  of  the  Debates  of  this  Convention,  and  that  he  be 
allowed  the  sum  of  two  hundred  dollars  for  said  services. 

Resolved,  That  of  the  1500  copies  already  ordered,  if  the  same 
shall  exceed  1200  pages,  they  shall  be  bound  in  two  separate  volumes. 

And,  when  the  Debates  shall  have  been  published,  they  shall  be  dis- 
tributed as  follows : 

80  copies  to  the  State  Historical  Society  ; 

2  copies  to  each  State  and  organized  Territory  ; 

2  copies  to  each  county  in  the  State,  one  of  which  shall  be  kept  in 
the  county  offices  ; 

20  copies  to  each  member  of  the  Convention ; 

5  copies  to  each  of  the  Secretaries,  Reporters,  Sergeant- at- Arm« 
and  Chaplain  of  this  Convention  ; 

1  copy  to  each  State  officer  and  Supreme  and  District  Judge  ; 

1  copy  to  each  Messenger  and  other  officers  of  the  Convention  not 
otherwise  provided  for  ; 

The  remainder  of  the  one  thousand  five  hundred  copies  shall  be 
placed  in  the  possession  of  the  State  and  be  disposed  of  as  may  be 
designated  by  law. 

Resolved,  That  S.  C.  Trobridge  be  employed  to  distribute  the 
Debates  of  this  Convention,  as  provided  for  in  the  foregoing  resolution ; 


343 

and,  that  he  be  paid  for  such  distribution  the  sum  of   Five  Hundred 
Dollars,  and  to  be  distributed  as  soon  as  ready. 

S.  G.  WINCHESTER, 
LEWIS  TODHUJSTER, 
J.  C.  HALL. 

Said  report,  having  been  read,  the  same  was  then  adopted. 

Mr.  Clarke,  of  Johnson,  from  the  Special  Committee  relative  to 
printing  and  distributing  the  Journal,  &c.,  made  the  following 

REPORT. 

The  Special  Committee  to  which  was  referred  certain  resolutions  rela- 
tive to  printing  and  distributing  the  Journal  of  this  Convention,  have 
had  the  subject  under  consideration,  and  beg  leave  to  report  the  follow- 
ing resolutions,  for  the  action  of  the  Convention: 

1.  Resolved,  That  John  Mahin  be,  and  he  is,  hereby  employed  to  print 
one  thousand  copies  of  the  Journal  of  this   Convention,  with  the  Con- 
stitution attached,  and  ten  thousand  copies  of  the  Constitution,  sepa- 
rately ;  and  that  he  be  paid  as  a  compensation  therefor,  the  prices  now 
paid  by  law  to  the  State  Printer,  for  similar  kind  of  work  ;  Provided, 
That  in  printing  the  said  work,  the  State  shall  only  be  charged  for 
single  composition. 

2.  Resolved,  That  John  Bittman,  of  Dubuque  county,  be  employed 
to  translate  the  Constitution    into  the  German  language,   and  print 

copies  of  the  same  ;  and  that  for  translating  the 

same,  he  be  paid  the  sum  of  fifty  dollars,  and  for  printing,  the  prices 
now  paid  by  law  to  the  State  Printer  for  the  same  kind  of  work. 

3.  Resolved,  That  each  member  of   this  Convention  be  entitled  to 
twenty-five  copies  of  the. Journal  of  this  Convention  for  distribution  ; 
and  that  the  remainder  of  said  Journals  be  placed  in  tne  State  Depart- 
ment, for  the  use  of  the  State. 

4.  Resolved,  That  the  ten  thousand  copies  of  the  Constitution,  (the 
printing  of  which  is  provided  for  in  the  foregoing  resolution,)  be  divi- 
vided  among  the  counties  according  to  population,   and  that  the  same 
be  sent  to  the  County  Judge  of  each  county,  for  distribution  among 
the  people. 

5.  Resolved,  That  the  German  Constitution  be  divided  among  the 
counties,  as  follows : 

'*  *  ****** 

6.  Resolved,  That  T.  J.  Saunders,  the  Secretary  of  this  Conven- 
tion, be  employed  to  index,  superintend  the  printing  of,  and  distribute, 


344 

the  Journals  and  Constitutions  herein  provided  for ;  and  that  he  be 
allowed  the  sum  of  Three  Hundred  and  Fifty  Dollars,  as  a  compensa- 
tion in  full  for  said  services. 

W.  PENN  CLARKE, 

Chairman. 

Mr.  Hall,  from  the  same  committee,  made  the  following  Minority 

REPORT. 

The  undersigned,  minority  of  the  Committee  Upon  Printing  and  Dis- 
tributing the  Journal  and  Constitution,  begs  leave  to  report : 

That  there  are  a  large  number  of  foreigners,  immigrants  from  Hol- 
land, within  this  State,  many  of  whom  are  naturalized  citizens  of  the 
the  United  States.  These  people  are  industrious  and  worthy  citizens, 
generally  well  educated  in  their  mother  language,  but  in  a  matter  so 
important  as  a  Constitution  very  many  of  them  will  not  be  able  to  fully 
comprehend  the  true '  meaning  if  required  to  study  it  in  the  English 
language.  As  a  matter  of  justice  to  them  and  to  give  them  an  oppor- 
tunity of  fully  understanding  this  important  subject,  the  undersigned 
recommends  that.  Resolved,  That  Henry  P.  Scholte,  of  Pella,  Marion 
county,  be  employed  to  translate  and  print  one  thousand  copies  of  the 
Constitution  in  the  Holland  language,  and  that  he  be  required  to  distrib- 
ute the  same  to  the  Hollanders  in  this  State,  and  that  he  receive  the 
usual  compensation  for  his  services  and  postage. 

J.  C.  HALL. 

Said  reports  having  been  read,  and  that  from  the  majority  of  the 
committee  being  under  consideration, 

Mr.  Edwards  moved  to  strike  out  all  in  the  first  resolution,  offered 
by  the  committee,  relative  to  printing  the  Journal  of  the  Convention  ; 

Upon  this  question  the  yeas  and  nays  were  demanded  and  it  was  de- 
cided in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Clark,  of  Alamakee,  Messrs.  Patterson, 

Day,  Peters, 

Edwards,  Price, 

Gillaspy,  Robinson, 

Gray,  Skiff, 

Hall,  Solomon, 

Hollingsworth,  Traer, 

Johnston,  Warren, 

Palmer,  Wilson— 18. 


345 

NAYS. 

Messrs.  Avers,  Messrs.  Harris, 

Bunker,  Marvin, 

Clarke,  of  Henry,  Parvin, 

Clarke,  of  Johnson,  Scott, 

Ells,  Seely, 

Emerson,  Todhunter, 

Gibson,  Winchester, 

Gower,  Young, 
Springer,  (Prest.,) — 17. 

Mr.  Skiff  moved  to  strike  out  the  proviso  in  the  first  section  ; 
Which  motion  was  not  agreed  to. 

Mr.  Scott  moved  to  fill  the  blank  in  the  second  resolution  with  the 
words  ufive  thousand ;" 

Which  motion  was  not  agreed  to. 

Mr.  Gower  moved  to  fill  said  blank  with  the  words  "three  thousand;" 
Which  motion  was  agreed  to. 

Mr.  Skiff  moved  to  reconsider  the  vote  by  which  that  part  of  the  first 
resolution  relative  to  printing  the  Journal  of  the  Convention  was  lost ; 
Which  motion  was  agreed  to. 

The  Previous  question  having  been  demanded, 

Upon  the  question, 

Shall  the  main  question  now  be  put  ? 

The  same  was  decided  in  the  affirmative,  a  majority  of  the  members 
present  voting  therefor. 

The  question  now  being  upon  the  motion  to  strike  out  all  of  the  first 
resolution  relative  to  printing  the  Journal, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  nega- 
tive, as  follows : 

YEAS. 

Messrs.  Clark,  of  Alamakee,  Messrs.  Johnston, 

Day,  Palmer, 

Edwards,  Patterson, 

Gillaspy,  Robinson, 

Hall,  Solomon, 

Hollingsworth,  Wilson — 12, 
22* 


846 

NAYS. 

Messrs.  Ayers,  Messrs.  Marvin, 

Bunker,  Parvin, 

Clarke,  of  Henry,  Peters, 

Giarke,  of  Johnson,  Scott, 

Ells,  Seely, 

Emerson,  Skiff, 

Gibson,  Todhunter, 

Gower,  Warren, 

Gray,  Winchester, 

Harris,  Young, 
Springer,  (Prest.,)— 21. 

The  fifth  resolution  offered  by  said  committee  being  under  conside- 
ration, the  same  was  modified,  and  the  blank  therein  filled,  so  as  to  read 
as  follows : 

5.  Resolved,  That  the  German  Constitution  be  divided  among  the 
counties,  under  the  direction  of  the  members  of  this  Convention  in  their 
respective  districts,  as  follows  : 


Mr.  Ayers 

receiving      10  copies  ; 

Bunker 

do 

50 

do 

Clarke,  of  Henry, 

do 

75 

do 

Clarke,  of  Johnson, 

do 

225 

do 

Clarke,  of  Alamakee, 

do 

150 

do 

Cotton 

do 

25 

do 

Day 

do 

10 

do 

Edwards 

do 

30 

do 

Ells 

do 

350 

do 

Emerson 

do 

375 

do 

Gibson 

do 

90 

do 

Gillaspy. 

do 

50 

do 

Gower 

do 

40 

do 

Gray 
Hall  &        > 
Robinson  $ 

do 
do 

40 

150 

do 
do 

Harris 

do 

20 

do 

Hollingsworth 

do 

40 

do 

Johnson  &  > 
Patterson,    $ 

do 

.375 

do 

Marvin 

do 

25 

do 

Palmer 

do 

40 

do 

Pai'vin 

do 

75 

do 

Peters 

do 

15 

do 

Price 

do 

90 

do 

34T 

Mr.  Scott                            receiving       800  copies ; 

Seely  do  40  do 

Skiff  do  40  do 

Solomon  do  80  do 

Todhunter  do  20  do 

Traer  do  40  do 

Warren  do  40  do 

Wilson  do  50  do 

Winchester  do  40  do 

Young  do  10  do 

Springer  (Prest.,)  do  40  do 

Mr.  Gower  moved  to  amend  said  Report  by  adding  the  following : 
Resolved,  That  there  be  but  one  person  employed  to  distribute  our 

Reports,  Journals,  and  American  and  German  Constitution,  and  that 

the  publishers  deliver  to  the  person  employed. 
Which  was  disagreed  to. 

Mr.  Hall  moved  to  amend  said  report  by  adding  thereto  the  fol- 
lowing : 

Resolved^  That  Henry  P.  Scholte,  of  Pella,  Marion  county,  be  em- 
ployed to  translate  and  print  one  thousand  copies  of  the  Constitution  in 
the  Holland  language,  and  jtliat  he  be  required  to  distribute  the  same  to 
the  Hollanders  in  this  State,  and  that  he  receive  the  usual  compensation 
for  his  services  and  postage  ; 

Which  was  agreed  to. 

The  Report  t^f  the  Special  Committee,  as  amended,  was  then  adopted. 

Mr.  Clarlr>/\)f  Alamakee,  offered  the  following  : 

Resolved^  That  the  Committee  on  Expenditures  be  instructed  to  re- 
port the  mileage  of  members  of  this  Convention  on  the  same  principle 
and  saA  construction  that  was  allowed  Senators  in  the  last  General 
Assembly  ; 

Mr.  Hall  moved  that  said' resolution  be  laid  on  the  table ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  waa 
decided  in  the  negative,  as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Day,  Palmer, 

Gillaspy,  Patterson,  , 

Hall,  Robinson, 

Harris,  Solomon, 

Hollingswortn,  Springer,  (P.)  12. 


348 

NAYS. 

Messrs.  Bunker, 

Clarke,  of  Henry, 

Clarke,  of  Johnson, 

Clark,  of  Alamakee, 

Edwards, 

Ells, 

Emerson, 

Gibson, 

Gower, 

Gray, 

Marvin, 


Messrs.  Parvin, 
Peters, 
Price, 

Scott, 

Seely, 

Todhunter, n 

Traer, 

Warren, 

Wilson, 

Winchester, 


Young— 22. 
The  Previous  Question  having  been  demanded, 
Upon  the  question, 
Shall  the  main  question  now  be  put  ? 

It  was  decided  in  the  affirmative,  a  majority  of  the  members  present 
voting  therefor. 

Upon  the  question  of  agreeing  to  the  resolution  of  Mr.  Clarke,  of 
Henry, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  nega- 
tive, as  follows : 

YEAS. 


Messrs.  Ayers, 

Messrs.  B'      .*, 

Clarke,  of  Henry, 

P/  "  , 

Clark,  of  Alamakee, 

Scu     ; 

Emerson, 

Seely, 

Gibson, 

Solomon  —  10. 

NAYS. 

f 

Messrs.  Bunker, 

Messrs.  Johnston, 

Clarke,  of  Johnson, 

Palmer, 

Day, 

Parvin, 

Edwards, 

Patterson, 

Ells, 

Robinson, 

Gillaspy, 

Todhunter, 

Gower, 

Traer, 

Gray, 

Warren, 

Hall, 

Wilson, 

Harris, 

Winchester, 

Hollingsworth, 

Young, 

Springer,  (Prest.,)  23. 


349 


Mr.  Young  moved  that  the  Convention  do  now  adjourn ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de* 
cided  in  the  negative,  as  follows  : 


YEAS. 
Messrs.  Bunker, 

Clarke,  of  Johnson, 
Edwards, 
Gower, 
Rollings  worth, 

NAYS. 

Messrs.  Ayers, 

Clarke,  of  Henry, 

Clark,  of  Alamakee, 

Day, 

Ells, 

Emerson, 

Gibson, 

Gillaspy, 

Gray, 

Half, 

Harris, 

Johnston, 


Messrs.  Parvin, 

Todhunter, 
Wilson, 
Young, 
Springer,  (P.)  10. 

Messrs.  Marvin, 
Palmer, 
Patterson, 
Peters, 
Price, 
Robinson, 
Scott, 
Seely, 
Solomon, 
Traer, 
Warren, 
Winchester— 24. 


Mr.  Edwards  offered  the  following : 

Resolved,  That  each  member  hand  in  to  the  Secretary  a  statement 
in  writing,  of  the  mileage  he  is  entitled  to,  with  the  route  of  travel 
he  claims  upon,  and  that  such  statement  shall  be  taken  as  the  true 
mileage  of  members ; 

Upon  the  question  of  adopting  this  resolution,  the  yeas  and  nays 
were  demanded,  and  it  was  decided  in  the  affirmative,  as  follows : 


YEAS. 
Messrs.  Ayers, 

Clarke,  of  Henry, 

Clark,  of  Alamakee, 

Day, 

Edwards, 

Emerson, 

Gibson, 

Gillaspy, 

Hall, 

Harris, 

Johnston, 


Messrs.  Marvin, 
Palmer, 
Patterson, 
Peters, 
Price, 
Robinson, 
Scott, 
Seely, 
Solomon, 
Warren, 
Winchester- 


-22. 


350 

NAYS. 
Messrs.  Bunker,  Messrs.  Parvin, 

Clarke,  of  Johnson,  .  Todhunter, 

Ells,  Traer, 

Gower,  Wilson, 

Gray,  Young, 

Rollings  worth,  Spring  er ,  (  P . )  1 2 . 

On  motion  of  Mr.  Traer, 

The  Convention  then  adjourned. 


WEDNESDAY  AFTERNOON. 

At  two  o'clock,  P.  M.,  the  Convention  again  met. 

Mr.  Clarke,  of  Johnson,  asked  and  obtained  leave  to  be  excused 
from  serving  on  the  Committee  on  Expenditures,  and  Mr.  Bunker  was 
appointed  in  his  stead. 

Mr.  Clark,  of  Alamakee,  offered  the  following  : 

Resolved,  That  the  per  diem  allowed  members  of  this  Convention 
shall  not  be  so  construed  as  to  allow  members  pay  per  day  for  the  time 
any  member  may  have  been  absent  from  the  Convention  ; 

Mr.  Warren  moved  that  the  same  be  laid  on  the  table  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  Wfti 
decided  in  the  affirmative,  as  follows : 

YEAS. 

Messrs.  Ells,  Messrs.  Peters, 

Emerson,  Price, 

Gibson,  Robinson, 

Gillaspy,  Seely, 

Gower,  Todhunter, 

Hall,  Traer, 

Johnston,  Warren, 

Palmer,  Winchester, 

Patterson,  Springer,  (P. ,)  18. 


351 

NAYS. 

Messrs.  Ayers,  Messrs.  Gray, 

Bunker  j  Harris, 

Clarke,  of  Henry,  Hollingsworth, 

Clarke,  of  Johnson,  Marvin, 

Clark,  of  Alamakee,  Parvin, 

Day,  Todhunter, 

Edwards,  Young — 14. 

Mr.  Clark,  of  Alamakee,  offered  the  following : 

Whereas,  By  the  resolutions  of  this  Convention  each  member 
thereof  has  been  supplied  with  a  copy  of  Clark's  Iowa  Reports,  the 
Code  of  Iowa, 'Cushing's  Manual,  the  Constitution  of  the  several  States 
of  this  Union,  and  the  Map  of  Iowa,  for  the  purpose  of  affording  to 
said  members  the  information  necessary  to  qualify  said  members  to 
discharge  their  duties  to  the  best  advantage  in  forming  a  Constitution 
of  this  State ; 

And  whereas,  Said  object  will  have  been  attained  at  the  final 
adjournment  of  this  Convention,  and  that  said  books  can  be  of  no 
further  use  to  said  members  after  said  adjournment ;  therefore, 

Resolved,  That  each  member  of  said  Convention  is  hereby  required 
to  return  to  the  Secretary  of  State  at  said  adjournment  the  above  books 
and  take  his  receipt  for  the  same  ; 

Mr.  Todhunter  moved  that  the  same  be  laid  upon  the  table  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Palmer, 

Day,  Patterson, 

Edwards,  Peters, 

Ells,  Price, 

Emerson,  Robinson, 

Gibson,  Scott, 

Gower,  Seely, 

Hall,  Skiff, 

Harris,  Solomon, 

Hollingsworth,  Todhunter, 

Johnston,  Traer, 

Marvin,  Warren, 
Springer,  (Treat. ,}  25. 


352 

NAYS. 

Messrs.  Bunker,  Messrs.  Gillaspy, 
Clarke,  of  Henry,  Gray, 

Clarke,  of  Johnson,  Parvin, 

Clark,  of  Alamakee,  Winchester, 

Young — 9. 

Mr.  Todhunter  offered  the  following : 

Resolved,  That  this  Convention  rescind  the  resolution  that  it  passed 
several  days  since  to  adjourn  on  the  fourth  day  of  March,  1857,  with- 
out delay;" 

Mr.  Hall  moved  that  said  resolution  be  laid  upon  the  table ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  affirmative,  as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Patterson, 

Day,  Peters, 

Emerson,  Price, 

Gibson,  Robinson, 

Gillaspy,  Solomon, 

Hall,    '  Traer, 

Harris,  Warren, 

Johnston,  Winchester, 

Palmer,  Springer,  (P. )  18. 

NAYS. 

Messrs.  Bunker,  Messrs.  Hollingsworth, 

Clarke,  of  Henry,  Marvin, 

Clarke,  of  Johnson,  Parvin, 

Clark,  of  Alamakee,  Scott, 

Edwards,  Seely, 

Ells,  Skiff, 

Gower,  Todhunter, 

Gray,  Wilson, 
Young— -17. 

The  Convention  then  resumed  the  consideratian  of  the  Report  of  the 
Committee  on  Education  and  School  Lands ;  and, 

The  question  being  upon  agreeing  to  the  amendment  to  the  Second 
Article  offered  by  Mr.  Solomon,  last  evening, 
Mr.  Gillaspy  moved  that  the  same  be  laid  upon  the  table ; 
Which  motion  was  agreed  to. 


353 

On  motion  of  Mr.  Hall, 

The  Second  Article  of  said  Report  was  then  ordered  to  have  a  third 
reading,  and  was  referred  to  the  Committee  on  Revision,  Engrossment 
and  Enrollment. 

Mr.  Hall  offered  the  following : 

Resolved,  That  at  the  same  election  that  this  Constitution  is  voted 
for  and  against  by  the  electors  of  this  State  that  the  following  section, 
to  be  added  to  the  Article  "School  Funds  and  School  Lands,"  be  voted 
upon  as  a  separate  question,  to-wit:  "That  the  School  and  University 
Funds  that  exist  in  choses  in  action  or  that  have  been  loaned  out  by 
the  officers  of  this  State,  shall,  whenthe  same  be  comes  due,  be  collect- 
ed and  paid  into  the  Treasury  of  State,  and  the  General  Assembly 
shall  provide  for  the  permanent  investment  of  said  Funds  in  United 
States  or  selected  interest-paying  State  securities  bearing  not  less  than 
six  per  cent,  interest,  and  that  no  more  of  said  Funl  be  loaned  to 
individuals."  The  electors  voting  upon  said  section  shall  have  written 
or  printed  on  their  ballots,  "Consolidation  of  the  School  Funds — Yes  !" 
or  "Consolidation  of  the  School  Funds — No!"  And  if  a  majority  of 
all  the  votes  given  shall  be  for  "Consolidation  of  the  School  Funds — 
Yes,"  then  the  section  aforesaid  shall  be  a  part  of  the  Constitution  of 
this  State  ;  and  if  a  majority  of  the  votes  given  shall  be  "Consolida- 
tion of  the  School  Funds — No,  "  then  said  section  shall  not  become  a 
part  of  the  Constitution  ; 

Said  proposition  having  been  read  a  first  time,  the  same  was  ordered 
to  have  a  second  reading. 

The  Report  of  the  Committee  on  Schedule  was  then  taken  up,  and 
The  Third  Section  thereof  being  under  consideration,  as  follows  : 
SEC.  3.  All  indictments,  prosecutions,  suits,  pleas,  plaints,  process, 
and  other  proceedings  pending  in  any  of  the  courts,  shall  be  prosecuted 
to  final  judgment  and  execution  ;  and  all  appeals,  writs  of  error,  cer- 
tiorari,  and  injunctions,  shall  be  carried  on  in  the  several  courts,  in  the 
same  manner  as  now  provided  by  law  ; 

Mr.  Hall  moved  to  amend  the  same  by  adding  thereto  as  follows  : 
"And  all  offences,  misdemeanors  and  crimes  that  may  have  been 
committed  before  the  taking  effect  of  this  Constitution,  shall  be  subject 
to  judgment,  trial  and  punishment  in  the  same  manner   as  they  would 
have  been  had  not  this  Constitution  been  made  ;  " 
Which  motion  was  agreed  to. 

The  Sixth  Section  of:  said  Report  being  under  consideration,  provid- 
ing for  the  first  election  of  Governor,  Lieutenant  Governor  and  mem- 
bers of  the  General  Assembly, 
23 


354 

Mr.  Skiff  moved  to  amend  the  same  by  inserting  the  "Judges  of  the 
Supreme  Court ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  negative,  as  follows  : 

YEAS. 


Messrs.  Ayers,                               Messrs. 

Johnston, 

Day, 

Palmer, 

Emerson, 

Patterson, 

Gibson, 

Peters, 

Gillaspy, 

Price, 

Hall, 

Robinson, 

Harris, 

Skiff, 

Solomon  —  15. 

NAYS. 

Messrs.  Bunker,                             Messrs. 

Parvin, 

Clarke,  of  Henry, 

Scott, 

Clarke,  of  Johnson, 

Seely, 

Clark,  of  Alarnakee, 

Todhunter, 

Edwards, 

Traer, 

Gower, 

Wilson, 

Gray, 

Winchester, 

Hollingsworth, 
Marvin, 

Young, 
Springer  (P.,)  18. 

The  same  section  being  under  consideration, 

Mr.  Palmer  moved  to  strike  out  the  last  clause  thereof,  relating  to 
the  first  election  of  members  of  the  General  Assembly  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Day,  Palmer, 

Emerson,  Patterson, 

Gibson,  Peters, 

Gillaspy,  Price, 

Hall,  Robinson, 

Harris,  Solomon — 14. 

NAYS. 

Messrs.  Bunker,  Messrs.  Scott, 

Clarke,  of  Henry,  Seely, 


355 

Messrs.  Clarke,  of  Johnson,         Messrs.  Skiff, 

Clark,  of  Alamakee,  Todhunter, 

Edwards,  Traer, 

Gower,  Warren, 

Gray,  Wilson, 

Hollingsworth,  Winchester, 

Marvin,  Young, 

Parvin,  Springer  (P.,)  20. 

The  Seventh  Section  of  said  Report  being  under  consideration,  as 
follows  : 

SEC.  7.  The  first  election  for  Secretary,  Auditor,  and  Treasurer  of 
State,  Attorney  General,  District  Judges,  District  Attorneys,  Members 
of  Congress  and  such  State  officers  as  shall  be  elected  at  the  April  elec- 
tion, in  the  year  one  thousand  eight  hundred  and  fifty-seven,  except  the 
Superintendent  of  Public  Instruction,  and  such  county  officers  as  were 
elected  at  the  August  election,  in  the  year  one  thousand  eight  hundred 
and  fifty-six,  except  Prosecuting  Attorneys,  shall  be  held  on  the  second 
Tuesday  of  October,  one  thousand  eight  hundred  and  fifty-eight. 

Mr.  Skiff  moved  to  amend  the  same  by  inserting  between  the  words 
"Judges"  and  "District"  the  words  < 'Members  of  the  Board  of  Ed- 
ucation ;" 

Which  motion  was  agreed  to. 

Mr.  Harris  moved  to  amend  the  same  Section  by  adding  thereto  as 
follows : 

Provided,  That  the  time  for  which  any  District  Judge,  or  other 
State  or  county  officer  elected  at  the  April  election,  1858,  shall  not  ex- 
tend bevond  the  time  fixed  for  filling  like  offices  at  the  October  election, 
1858  ;  * 

Which  was  agreed  to. 

Mr.  Hall  offered  the  following  Substitute  for  the  Sixth,  Seventh  and 
Eighth  Sections  of  said  Report : 

SEC.  6.  The  first  election  under  this  Constitution,  shall  be  the  second 
Tuesday  in  October,  1858  ;  at  which  election  the  electors  of  the  State 
shall  elect  the  Governor,  Lieutenant  Governor,  Secretary,  Auditor  and 
Treasurer  of  State,  Members  of  Congress,  the  Judges  of  the  Supreme 
Court  and  District  Courts,  Attorney  General,  District  Attorneys,  mem- 
bers of  the  Senate  and  House  of  Representatives,  and  members  of  the 
Board  of  Education.  The  Senators  elected  shall  be  classified  as  re- 
quired under  the  present  Constitution. 

SEC,  7.  All  offices  under  the  present  Constitution  and  those  who  may 
be  elected  prior  to  the  elections  in  October,  1858,  shall  hold  their  offices 
until  their  successors  are  elected  and  qualified  irnder  this  Constitution. 


356 

SBC.  8.  All  elections  authorized  under  this  Constitution  now  in  force 
shall  be  held  under  the  present  Constitution  until  the  second  Tuesday 
in  October,  1858 ; 

Upon  the  question  of  agreeing  to  said  Substitute,  the  yeas  and  nays 
were  demanded,  and  it  was  decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Day,  Palmer, 

Emerson,  Patterson, 

Gibson,  Peters, 

Gillaspy,  Price, 

Hall,  Robinson, 

Harris,  Solomon — 14. 

NAYS. 

Messrs.  Bunker,  Messrs.  Parvin, 

Clarke,  of  Henry,  Scott, 

Clarke,  of  Johnson,  Seely, 

Clark,  of  Alamakee,  Skiff, 

Edwards,  Todhunter, 

Ells,  Traer, 

Gower,  Warren, 

Gray,  Wilson, 

Hollingsworth,  Winchester, 

Marvin,  Young, 
Springer,  (Prest.,)  21. 

The  Twelfth  Section  of  said  Report  being  under  consideration,  as 
follows : 

SEC.  12.  On  the  taking  effect  of  this  Constitution,  all  officers 
thereby  continued  in  office,  shall,  before  proceeding  to  the  further  dis- 
charge of  their  duties,  take  an  oath  or  affirmation  to  support  this  Con- 
stitution; 

Mr.  Hall  moved  that  the  same  be  stricken  out  of  said  Report ; 
Which  motion  was  agreed  to. 

The  Thirteenth  Section  of  said  Report  being  under  consideration,  aa 
follows : 

SEC.  13.  The  General  Assembly,  at  the  first  session  under  this  Con- 
stitution, shall  district  the  State  into  eleven  Judicial  Districts,  for  Dis- 
trict Court  purposes  ;  and  shall  also  provide  for  the  apportionment  of 
the  members  of  the  House  of  Representatives,  in  accordance  with  the 
provisions  of  this  Constitution; 


357 

Mr.  Winchester  moved  to  amend  the  same  by  striking  out  the  words 
"House  of  Representatives"  and  inserting  " General  Assembly ;" 
Which  motion  was  agreed  to. 

The  Fourteenth  Section  of  said  Report  being  under  consideration,, 
providing  for  the  mode  of  submitting  the  Constitution  to  the  people, 

Mr.  Winchester  moved  to  strike  out  the  word  "New,"  in  the  form  of 
ballot  to  be  used,  and  insert  the  word  "Revised  ;" 

Which  motion  was  not  agreed  to. 

Mr.  Johnston  offered  the  following  as  an  additional  section  to  said 
Report : 

SEC.  — .  Whenever  a  portion  of  the  citizens  of  Lee  county  deem  it 
expedient  to  procure  a  division  of  said  county,  it  shall  be  the  duty  of 
the  General  Assembly  to  make  a  law  by  which  the  proposal  to  divide 
said  county  (the  metes  and  bounds  of  the  proposed  new  county  being 
set  forth  in  said  law)  shall  be  submitted  to  the  voters  of  the  county  of 
Lee  at  a  general  or  special  election,  and  the  General  Assembly  shall 
prescribe  in  said  law  the  mode  for  the  proper  organization  of  said  new 
county,  arid  they  shall  be  organized  under  said  law,  provided  a  major- 
ity of  the  votes  given  on  the  question  of  division  at  said  election  shall 
be  in  favor  of  said  proposed  division  ; 

Upon  the  question  of  agreeing  to  the  same,  the  yeas  and  nays  were 
demanded,  and  it  was  decided  in  the  affirmative,  as  follows : 

YEAS. 

Messrs.  Ayers,      ,  Messrs.  Johnston, 

Bunker,  Palmer, 

Clarke,  of  Johnson,  Parvin, 

Clark,  of  Alamakee,  Patterson, 

Day,  Peters, 

Edwards,  Price, 

Emerson,  Scott, 

Gibson,  Seely, 

Gillaspy,  Skiff, 

Gower,  Solomon, 

Grav,  Todhunter, 

Hall,  Traer, 

Harris,  Warren, 

Hollingsworth,  Winchester, 
Young— 29. 

NAYS. 

Messrs.  Clarke,  of  Henry,  Messrs.  Marvin, 

Ells,  Wilson, 

Springer,  [Prest.,]  5. 


358 

Mr.  Solomon  offered  the  following  as  an  additional  section  to  said 
Report : 

SEC.  — .  Until  otherwise  directed  by  law,  the  county  of  Mills  shall 
be  in  and  a  part  of  the  Sixth  Judicial  District  of  this  State  ; 
Which  was  agreed  to. 

Mr.  Skiff  moved  that  said  Report,  as  amended,  be  ordered  to  a  third 
reading,  and  be  referred  to  the  Committee  on  Revision,  Engrossment 
and  Enrollment ; 

Which  motion  was  agreed  to. 

Mr.  Hall  moved  that  the  rule  be  suspended  requiring  the  reading  or. 
a  proposition  three  different  times  upon  as  many  different  days,  in  order 
to  take  up  the  resolution  offered  by  him  respecting  the  "Consolidation 
of  the  School  Fund ;" 

Which  motion  was  agreed  to. 

Said  proposition  was  then  read  a  second  time,  and  upon  the  question 
of  agreeing  to  the  same,  and  ordering  it  to  a  third  reading, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  nega- 
tive, as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Clarke,  of  Johnson,  Patterson, 

Ells,  Peters, 

Emerson,  Robinson, 

Gower,  Skiff, 

Hall,  Traer, 
Warren— IB. 

NAYS. 

Messrs.  Bunker,  Messrs.  Palmer, 

Clarke,  of  Henry,  Parvin, 

Clark,  of  Alamakee,  Price, 

Edwards,  Seely, 

Gibson,  Solomon, 

Gillaspy,  Todhunter, 

Gray,  Wilson, 

Harris,  Winchester, 

Hollingsworth,  Young, 

Marvin,  Springer,  (P.,)  20. 

Mr.  Clarke,  of  Johnson,  presented  the  following 


359 
REPORT. 

The  committee  appointed  to  superintend  the  printing  of  the  Debates, 
beg  leave  to  report  the  following  resolution :  • 

Resolved,  That  A.  P.  Luse  &  Co. ,  be  instructed  to  put  up  and  mail 
to  each  member  of  this  Convention,  ten  copies  of  the  daily  slips  of  the 
Debates ;  and  that  the  postage  for  the  same,  be  paid  by  them,  and 
charged  to  the  State. 

W.  PENN  CLARKE, 

Chairman. 

Said  report  having  been  read,  the  same  was  received,  and,  on  motion, 
the  resolution  offered  by  the  Committee  was  adopted. 

The  President  laid  before  the  Convention  the  following 

REPORT. 

To  the  President  of  the  Convention  : 

Agreeably  to  the  resolution  passed 

this  morning,  the  Secretary  would  report  to  the  Convention,  that  state- 
ments in  writing  respecting  mileage,  have  been  handed  in  to  his  desk, 
as  follows : 

Mr.  Ayers,  260  miles. 

Bunker,  84 

Clarke,  of  Henry,  120 
Clarke,  of  Johnson, 

Clark,  of  Alamakee,  600 

Cotton,  200 

Day,  328 

Edwards,  280 

Ells,  110 

Emerson,  640 

Gibson,  680 

Gillaspy,  170 

Gower,  32 

Gray,  66 

Hall,  400 

Harris,  260 

Hollingsworth,  200 

Johnston,  260 

Marvin,  136 

Palmer,  200 

Parvin,  72 


360 

Mr.  Patterson,  320  miles; 

Peters,  720 

Price,  1000    , 

Robinson,  400 

Scott,  720 

Seely,  860 

Skiff,  180 

Solomon,  600 

Todhunter,  820 

Traer,  100 

Warren,  640 

Wilson,  110 

Winchester,  240 

Young,  200 

Springer,  (Prest.,)  66 

Respectfully  submitted , 

TH.  J.  SAUSDERS,  Secretary. 

Said  report  having  been  read,  the  same  was  received,  and,  on 
motion,  it  was  referred  to  the  Committee  on  Expenditures. 

Mr.  Clark,  of  Alamakee,  moved  to  reconsider  the  vote  by  which  the 
Report  of  the  Special  Committee  relative  to  the  publication  of  the 
Debates  and  their  distribution,  was  adopted  this  morning ; 

Which  motion  was  agreed  to. 

Mr.  Clark,  of  Alamakee,  then  moved  that  the  name  "S.  C.  Trobridge" 
be  stricken  out  of  the  third  resolution  offered  by  the  Committee,  and 
"the  Secretary  of  State"  be  inserted  in  lieu  thereof  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Clarke,  of  Henry,  Marvin, 

Clark,  of  Alamakee,  Patterson, 

Day,  Peters, 

Ells,  Price, 

Gibson,  Seely, 

Gillaspy,  ^  Skiff, 

Hall,  Solomon, 

Harris,  Warren, 

.Johnston,  Young — 18. 

NAYS. 

Messrs.  Ay  era,  Messrs.  Rollings  worth, 

Bunker,  Palmer, 


361 

Messrs.  Clarke,  of  Johnson,         Messrs.  Robinson, 
Emerson,  Todhunter, 

Gower,  Traer, 

Gray,  Winchester — 12. 

Mr.  Marvin  moved  to  strike  out  the  words  "  five  hundred,"  in  said 
resolution ; 

Which  motion  was  agreed  to. 

Mr.  Clarke,  of  Henry,  moved  that  the  blank  in  said  resolution  bo 
filled  with  the  words  u  four  hundred ;" 
Which  motion  was  agreed  to. 

Said  Report,  as  amended,  was  then  adopted. 

Mr.  Clarke,  of  Henry,  moved  to  reconsider  the  vote  by  which  the 
report  of  the  special  committee  relative  to  printing  and  distributing  the 
Journal,  &c.,  was  adopted  ; 

Which  motion  was  agreed  to. 

Mr.  Clarke,  of  Henry,  then  moved  to  amend  the  sixth  resolution  of 
said  Report,  by  striking  out  "  three  hundred  and  fifty  dollars,"  as  the 
compensation  of  the  Secretary  for  certain  services,  and  inserting  "five 
hundred  dollars ;" 

Which  motion  was  agreed  to. 

Said  Report,  as  amended,  was  then  adopted. 

Mr.  Todhunter  moved  to  take  from  the  table  the  resolution  offered  by 
him  relative  to  rescinding  the  resolution  of  adjournment ; 
Which  motion  was  not  agreed  to. 

Mr.  Clarke,  of  Henry,  from  the  Committee  on  Revision,  Engross- 
ment, and  Enrollment,  reported  back  to  the  Convention  that  portion  of 
the  Constitution  referred  to  them  relative  to  Preamble  and  Bill  of 
Eights  ; 

Which,  having  been  read  a  third  time, 

Upon  the  question  of  adopting  the  same,  the  yeas  and  nays  were 
demanded,  and  it  was  decided  in  the  affirmative,  as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Johnston, 
Bunker,  Marvin, 

Clarke,  of  Henry,  Parvin, 

Clarke,  of  Johnson,  Price, 

Clark,  of  Alamakee,  Scott, 

23* 


362 

Messrs.  Edwards,  Messrs.  Seely, 

Ells,  Skiff, 

Gibson,  Todhunter, 

Gower,  Traer, 

Gray,  Wilson, 

Hall,  Winchester, 

Harris,  Young, 

Hollingsworth,  Springer,  [P]  26. 

NAYS. 

Messrs.  Emerson,  Messrs.  Patterson, 

Gillaspy,  Peters, 

Palmer,  Solomon, — 6. 

The  same  committee  reported  back  to  the  Convention  that  portion 
of  the  Constitution  referred  to  them  relative  to  right  of  Suffrage  ; 

Which,  having  been  read  a  third  time, 

Upon  the  question  of  adopting  the  same,  the  yeas  and  nays  were 
demanded,  and  it  was  decided  in  the  affirmative,  as  follows : 

YEAS.  ' 

Messrs.  Ayers,  Messrs.  Marvin, 

Bunker,  Palmer, 

Clarke,  of  Henry,  Parvin, 

Clarke,  of  Johnson,  Patterson, 

Clark,  of  Alamakee,  Price, 

Edwards,  Scott, 

Ells,  Seely, 

Gibson,  Skiff, 

Gillaspy,  Solomon, 

Gower,  Todhunter, 

Gray,  Traer, 

Hall,  Wilson, 

Harris,  Winchester, 

Hollings  worth,  Young, 

Johnston,  Springer,  [P]  80. 

NAYS. 

Mr.  Emerson,  Mr.  Peters, — 2. 

The  same  committee  reported  back  to  the  Convention  that  portion  of 
the  Constitution  referred  to  them  relative  to  Distribution  of  Powers 
and  Legislative  Department ; 

Which,  having  been  read  a  third  time, 


363 

Mr.  Clarke,  of  Johnson,  offered  the  following : 

Resolved,  That  the  article  on  the  Legislative  Department  be  re- 
committed to  the  Standing  Committee  on  that  subject,  with  instructions 
to  so  modify  the  35th  section  as  to  require  the  apportionment  for  mem- 
bers of  the  House  of  Representatives  to  be  made  upon  the  basis  of 
population,  instead  as  provided  in  that  section  ;  and  also  to  so  modify 
the  23d  section,  as  to  cause  the  enumeration  provided  for  in  that  sec- 
tion to  be  made  in  the  years  1859, 1863, 1865, 1867, 1869,  and  1875  ; 

Mr.  Traer  moved  that  said  resolution  be  laid  upon  the  table  ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was  de- 
cided in  the  affirmative,  as  follows  : 

YEAS. 
Messr 


Ayers,                               Messrs. 

Palmer, 

Clark,  of  Alamakee, 

Patterson, 

Day, 

Peters, 

Emerson, 

Price, 

Gibson, 

Robinson, 

Gillaspy, 

Scott, 

Gray, 

Seely, 

Hall, 

Skiff, 

Harris, 

Solomon, 

Hollings  worth, 

Todhunter, 

Johnston, 

Traer, 

Winchester—  23. 

NAYS. 

Messrs.  Bunker,  Messrs.  Marvin, 
Clarke,  of  Henry,  Parvin, 

Clarke,  of  Johnson,  Warren, 

Edwards,  Wilson, 

Ells,  Young, 

Gower,  Springer,  (P.)  12. 

Mr.  Winchester  offered  the  following  : 

Resolved,  That  Willis  Conard  be  employed  to  forward  to  the  mem- 
bers  of  this  Convention  all  mail  matter  which  may  arrive  at  this  office, 
and  that  he  be  allowed  the  sum  of  thirty  dollars  for  said  service,  and 
that  the  postage  be  charged  to  the  State  ; 

Which  resolution  was  adopted. 

On  motion  of  Mr.  Skiff, 

The  Convention  then  adjourned  until  seven  o'clock  this  evening. 


364 


WEDNESDAY  EVENING. 
At  seven  o'clock,  P.  M.,  the  Convention  again  met. 

Mr.  Todkunter  moved  to  take  from  the  table  the  resolution  rescind- 
ing the  resolution  for  final  adjournment ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  was 
decided  in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Marvin, 

Clarke,  of  Henry,  Parvin, 

Clarke,  of  Johnson,  Scott, 

Clark,  of  Alamakee,  Todhunter, 

Edwards,  Traer, 

Ells,  Warren, 

Gower,  Wilson, 

Hollingsworth,  Young, 
Springer,  (Prest.,) — 17. 

NAYS. 

Messrs.  Ayers,  Messrs.  Harris, 

Day,  Johnston, 

Emerson,  Palmer, 

Gibson,  Patterson, 

Gillaspy,  Peters, 

Hall,  Price— 12. 
Said  resolution  having  been  read,  the  same  was  then  agreed  to. 

The  Convention  then  resumed  the  consideration  of  the  Report  of  the 
Committee  on  Revision,  &c. ,  relative  to  the  Distribution  of  Powers  and 
Legislative  Department : 

Mr.  Wilson  offered  the  following  to  come  in  at  the  end  of  the  Six- 
teenth Section  of  the  Article  on  Legislative  Department : 

"Any  bill  submitted  to  the  Governor  for  his  approval  during  the  last 
three  days  of  a  session  of  the  General  Assembly,  shall  be  deposited  by 
him  in  the  office  of  the  Secretary  of  State  within  thirty  days  after  the 
adjournment,  with  his  approval,  if  approved  by  him,  and  with  his  ob- 
jections, if  he  disapproves  thereof  ;" 

Which,  by  general  consent,  was  agreed  to. 


365 

Mr.  Clarke,  of  Johnson,  offered  the  following : 

Resolved,  That  the  Article  on  the  Legislative  Department  be  recom- 
mitted to  the  Standing  Committee  on  that  subject,  with  instructions  to 
consider  the  expediency  of  striking  out  the  seventh  line  and  all  the 
eighth  line  before  the  word  "provided,"  in  the  thirty- fifth  section; 

Upon  the  question  of  agreeing  to  this  resolution  the  yeas  and  nays 
were  demanded,  and  it  was  decided  in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Peters, 

Clarke,  of  Henry,  Scott, 

Clarke,  of  Johnson,  Skiff, 

Emerson,  Warren, 

Gower,  Wilson, 

Marvin,  Young, 
Springer,  (Prest.)13. 

NAYS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Clark,  of  Alamakee,  Palmer, 

Day,  Parvin, 

Edwards,  Patterson, 

Gibson,  Price, 

Gillaspy,  Robinson, 

Gray,  Seely, 

Hall,  Todhunter, 

Harris,  Traer, 

Hollingsworth,  Winchester — 20. 

Mr.  Clarke,  of  Henry,  moved  to  recommit  said  Article  with  instruc- 
tions to  strike  out  ^  one-half"  in  the  Thirty-fifth  Section  and  insert 
"three- fourths  ;" 

Mr.  Gillaspy  moved  a  call  of  the  House,  whereupon  the  following 
gentlemen  answered  to  their  names  : 

Messrs.  Ayers,  Messrs.  Marvin, 

Bunker,  Palmer, 

Clarke,  of  Henry,  Parvin, 

Clarke,  of  Johnson,  Patterson, 

Clark,  of  Alamakee,  Peters, 

Day,  Price, 

Edwards,  Robinson, 

Ells,  Scott, 

Emerson,  Seely, 


366 

Messrs.  Gibson,  Messrs.  Skiff, 

Gillaspy,  Todhunter, 

Gower,  Traer, 

Gray,  Warren, 

Hall  Wilson, 

Hams,  Winchester, 

Hollingsworth,  Young, 

Johnston,  Springer,  (P. )  34. 

Mr.  Harris  moved  that  further  proceedings  under  the  call  be  dispens- 
ed with ; 
Which  motion  was  agreed  to. 

Upon  the  question  of  agreeing  to  Mr.  Clarke,  of  Henry's  motion 
to  recommit,  the  yeas  and  nays  were  demanded  and  it  was  decided  in 
the  negative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Scott, 

Clarke,  of  Henry,  Skiff, 

Clarke,  of  Johnson,  Warren, 

Ells,  Wilson, 

Gower,  Young, 

Marvin,  Springer,  (P.)  J2 

NAYS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Clark,  of  Alamakee,  Palmer, 

Day,  Parvin, 

Edwards,  Patterson, 

Emerson,  Peters, 

Gibson,  Price, 

Gillaspy,  Robinson, 

Grav,  Seelv, 

Hall,  Todhunter, 

Harris,  Traer, 

Hollingsworth ,  Winchester-— 22 . 

Mr.  Clarke,  of  Henry,  moved  to  recommit  said  Article  with  instruc- 
tions to  strike  out  "one-half"  arid  insert  "two-thirds  ;" 

Upon  this  question  the  yeas  and  nays  were  demanded  and  it  was  de- 
cided in  the  negative,  as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Hollingsworth, 

Clarke,  of  Henry,  Scott, 


367 


Messrs,  Clarke,  of  Johnson,          Messrs.  Skiff, 

Ells,  Warren, 

Gower,  Wilson, 

Gray,  Young, 
Springer,  (Prest.)  13, 


NAYS. 

Messrs.  Ayers, 

Clark,  of  Alamakee, 

Day, 

Edwards, 

Emerson, 

Gibson,, 

Gillaspy, 

Hall, 

Harris, 

Johnston, 


Messrs.  Palmer, 
Parvin, 
Patterson,, 
Peters, 
Price, 
Robinson, 
geely, 
Todhunter, 
Traer, 
Winchester— 20. 


The  question  now  being  upon  agreeing  to  the  Report  of  the  Commit- 
tee on  Revision,  &c.,  relative  to  Distribution  of  Powers  and  Legislative 
Department,  as  amended, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirma- 
tive, as  follows : 


YEAS. 

Messrs.  Ayers, 

Clark,  of  Alamakee, 

Day, 

Edwards, 

Ells, 

Emerson, 

Gibson, 

Gillaspy, 

Gray, 

Hall, 

Harris, 

Hollings  worth, 

Johnston, 

Palmer, 

Parvin, 

NAYS. 

Messrs.  Bunker, 

Clarke,  of  Johnson, 


Messrs.  Patterson, 
Peters, 
Price, 
Robinson, 
Scott, 
Seely, 
Skiff, 
Solomon, 
Todhunter, 
Traer, 
Warren, 
Wilson, 
Winchester, 
s  •  Young, 

Springer,  [P.]  30. 


Messrs.  Clarke,  of  Henry, 
Gower — 4. 


368 

Mr.  Clarke,  of  Henry,  from  the  same  committee,  reported  back  to 
the  Convention  the  proposed  Article  referred  to  them,  relative  to  ths 
location  of  the  Seat  of  Government  and  State  University,  with  the 
recommendation  that  it  be  incorporated  in  the  Constitution  as  Section 
Eighth  of  Miscellaneous  Matter ; 

Which,  having  been  read  a  third  time, 

Upon  the  question  of  adopting  the  same,  the  yeas  and  nays  were 
demanded  and  it  was  decided  in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Palmer, 

Clarke,  of  Henry,  Patterson, 

Clarke,  of  Johnson,  Price, 

Day,  Robinson, 

Edwards,  Scott, 

Gibson,  Seely, 

Gillaspy,  Skiff, 

Hall,  Solomon, 

Harris,  Todhunter, 

Hollingsworth,  Warren, 

Johnston,  Springer,  (P. )  22. 

NAYS. 

Messrs.  Bunker,  Messrs.  Parvin, 
Clark,  of  Alamakee,  Peters, 

Emerson,  Traer, 

Gower,  Wilson, 

Gray,  Winchester, 

Marvin ,  Young , — 12. 

The  same  Committee  reported  back  to  the  Convention  that  portion 
of  the  Constitution  referred  to  them  relative  to  Executive  Department ; 

Which,  having  been  read  a  third  time, 

Upon  the  question  of  adopting  the  same,  the  yeas  and  nays  were 
demanded,  and  it  was  decided  in  the  affirmative,  as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Marvin, 
Bunker,  Palmer, 

Clarke,  of  Henry,  Parvin, 

Clarke,  of  Johnson,  Patterson, 

Clark,  of  Alamakee,  Peters, 

Day,  Price, 


369 

Messrs.  Edwards,  Messrs.  Robinson, 

Ells,  Scott, 

Emerson,  Seely, 

Gibson,  Skiff, 

Gillaspy,  Solomon, 

Gower,  Todhunter, 

Gray,  Traer, 

Hall,  Warren, 

Harris,  Wilson, 

Hollingsworth,  Winchester, 

Johnston,  Young, 
Springer,  (Prest.) — 35. 

NAYS. 
[None.] 

The  same  Committee  reported  back  to  the  Convention  that  portion  ©f 
the  Constitution  referred  to  them,  relative  to  Judicial  Department; 

Which,  having  been  read  a  third  time, 
Upon  the  question  of  adopting  the  same, 

The  yeas  arid  nays  were  demanded,  and  it  was  decided  in  the  affirma- 
tive, as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Marvin, 

Bunker,  Palmer, 

Clarke,  of  Henry,  Parvin, 

Clarke,  of  Johnson,  Patterson, 

Day,  Price, 

Edwards,  Robinson, 

Ells,  Scott, 

Gibson,  Seely, 

Gillaspy,  Solomon, 

Gower,  Todhunter, 

Gray,  Traer, 

Hall,  Warren, 

Hams,  Wilson, 

Hollingsworth,  Winchester, 

Johnston,  Young, 
Springer,  (Prest.,) — 31. 

NAYS. 

Messrs.  Clark,  of  Alamakee,  Messrs.  Peters, 

Emerson,  Skiff— 4. 
24 


370 

The  same  Committee  reported  back  to  the  Convention  that  portion  of 
the  Constitution  referred  to  them,  relative  to  Militia  ; 

Which,  having  been  read  a  third  time, 
Upon  the  question  of  adopting  the  same, 
It  was  agreed  to,  unanimously. 

The  same  Committee  reported  back  to  the  Convention  that  portion  of 
the  Constitution  referred  to  them,  relative  to  State  Debts  ; 

Which,  having  been  read  a  third  time, 
Upon  the  question  of  adopting  the  same, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirma- 
tive, as  follows  : 

YEAS, 

Messrs.  Ayers,  Messrs.  Marvin, 

Bunker,  Palmer, 

Clarke,  of  Henry,  Parvin, 

Clarke,  of  Johnson,  Patterson, 

Clark,  of  Alamakee,  Peters, 

Day,  Price, 

Edwards,  Robinson, 

Ells,  Scott, 

Emerson,  Seely, 

Gibson,  'Skiff, 

Gillaspy,  Solomon, 

Gower,  Todhunter, 

Gray,  Traer, 

Hall,  Warren, 

Harris,  Wilson, 

Hollingsworth,  Winchester, 

Johnston,  Young, 
Springer,  (Prest.,)  —  35. 

NAYS. 


Mr.  Clarke,  of  Henry,  moved  to  reconsider  the  vote  by  which  the  pro- 
posed Article  relative  to  the  location  of  the  Seat  of  Government  and 
State  University  was  adopted  ; 

Which  motion  was  not  agreed  to. 
Mr.  Johnston  offered  the  following  : 


371 

Resolved,  That  the  thanks  of  the  Convention  are  hereby  tendered 
to  the  Hon.  Francis  Springer,  for  the  able  arid  impartial  discharge  of 
his  duties  as  President  of  this  Convention  ; 

The  President  called  Mr,  Parvin  to  the  Chair  ;  and, 

The  question  having  been  put, 

The  resolution  was  adopted  by  acclamation. 

Mr.  Gray  offered  the  following  : 

Resolved,  That  the  President  of  this  Convention  be  authorized  and 
invited  to  remove,  and  retain  at  his  pleasure,  the  Chair  which  he  has  so 
ably  occupied  during  his  Presidency  of  this  Convention  ; 

Which  resolution  was  adopted,  unanimously. 

Mr.  Clark,  of  Alamakee,  moved  that  the  Convention  do  now  ad- 
journ ; 

Which  motion  was  not  agreed  to. 

Mr.  Clarke,  of  Henry,  from  the  Committee  on  Revision,  &c.,  reported 
back  to  the  Convention  that  portion  of  the  Constitution  relative  to  In- 
corporations ; 

Which,  having  been  read  a  third  time, 
Upon  the  question  of  adopting  the  same, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirm- 
ative, as  follows : 

YEAS. 


Messrs.  Bunker,                              Messrs. 

Palmer,     • 

Clarke,  of  Henry, 

Parvin, 

Clark,  of  Alamakee, 

Patterson, 

Edwards. 

Price, 

Ells, 

Robinson, 

Gibson, 

Scott, 

Gillaspy, 

Scely, 

Gower, 

Skiff, 

Gray, 

Todhunter, 

Hall, 

Traer, 

Harris, 

Warren, 

Hollingsworth, 

Wilson, 

Johnston, 

Winchester, 

Marvin, 

Young, 

Springer,  (Prest.,)—  -29. 

372 

NAYS. 

Messrs.  Ayers,  Messrs.  Emerson; 
Clarke,  of  Johnson,  Peters, 

Day,  Solomon — 6. 

On  motion  of  Mr.  Skiff, 

The  Convention  then  adjourned  till  nine  o'clock,  to-morrow  morning. 


THURSDAY  MORNING,  MARCH  5,  1857. 

At  nine  o'clock,  A.  M.,  the  Convention  came  to  order,  the  President 
in  the  Chair. 

Prayer  was  offered  by  the  Chaplain. 

The  Journal  of  yesterday's  proceedings  was  read  and  approved. 

Mr.  Skiff  offered  the  following  : 

Resolved,  That  a  committee  be  appointed  for  the  purpose  of  getting 
two  thousand  copies  of  the  new  Constitution  printed 'for  the  use  of  the 
members  of  this  Convention,  and  that  said  Committee  be  instructed  to 
procure* said  printing  done  and  ready  for  distribution  by  to-morrow 
morning  at  seven  o'clock  ; 

Said  resolution  having  been  read,  the  same  was  adopted,  and  the 
President  appointed  Messrs.  Skiff  and  Warren  said  Committee ; 

Mr.  Skiff  moved  that  in  the  Distribution  of  the  Debates,  Jas.  R. 
Hartsock  receive  one  copy  ; 
Which  motion  was  agreed  to. 

Mr.  Gray  offered  the  following  : 

Resolved,  That  the  Assistant  Secretary  of  this  Convention  be  allow- 
ed one  dollar  per  diem  for  his  services  in  this  Convention,  in  addition  to 
the  sum  heretofore  allowed  him;  making,  altogether,  six  dollars  per  diem 
during  his  attendance  at  this  session  ; 

Said  resolution  having  been  read,  the  same  was  adopted. 


373 

Mr.  Johnston,  from  the  Committee  on  Expenditures,  presented  the 
following  Statement  respecting  the  per  diem  and  mileage  of  members  : 

PER  DIEM  AND  MILEAGE. 

Mr.  Ayers,  47  days,  at  3  per  day — $141.00 

260  miles,  at  3  per  20—     39.00     §180.00 

Mr.  Bunker,  47  days,  at  3  per  day— $141.00 

34  miles,  at  3  per  20—       5.10     $140.10 

Mr.  Clarke,  of  Henry,     47  days,  at  3  per  day— $141.00 

120  miles,  at  3  per  20—     18.00     $159.00 

Mr.  Clarke,  of  Johnson,  47  days,  at  3  per  day — -$141.00 

—  miles,  at  3  per  20—     — .-      $141.00 

Mr.  Clark,  of  Alamakee,  47  days,  at  3  per  day— $141.00 

600  miles,  at  3  per  20—     90.00     $231.00 

Mr.  Cotton,  47  days,  at  3  per  day— $141.00 

200  miles,  at  3  per  20—    30.00     $171.00 

Mr.  Day,  47  days,  at  3  per  day— $141.00 

323  miles,  at  3  per  20—    49.00     $190.00 

Mr.  Edwards,  47  days,  at  3  per  day— $141.00 

280  miles,  at  3  per  20—    42.00     $183.00 

Mr.  Ells,  47  days,  at  3  per  day— $141.00 

110  miles,  at  3  per  20—    16.50     $157.50 

Mr.  Emerson,  47  days,  at  3  per  day— $141.00 

640  miles,  at  3  per  20—     96.00     $237.00 

Mr.  Gibson,  47  days,  at  3  per  day— $141.00 

680  miles,  at  3  per  20—  102.00     $243.00 

Mr.  Gillaspy,  47  days,  at  3  per  day— $141.00 

170  miles,  at  3  per  20—     25.50     $166.50 

Mr.  Gower,  47  days,  at  3  per  day— $141.00 

32  miles,  at  3  per  20 —      4.80     $145.80 

Mr.  Gray,  47  days,  at  3  per  day— $141.00 

66  miles,  at  3  per  20—       9.90     $150.90 

Mr.  Hall,  47  days,  at  3  per  day— $141.00 

400  miles,  at  3  per  20—     60.00     $201.00 

Mr.  Harris,  47  days,  at  3  per  day— $141.00 

260  miles,  at  3  per  lO—     39.00     $180.00 

Mr.  Hollingsworth,          47  days,  at  3  per  day— $141.00 

200  miles,  at  3  per  20—    30.00     $171.00 


374 

Mr.  Johnston,  47  days,  at  3  per  day— §141.00 

260  miles,  at  3  per  20—     39.00     §180.00 
Mr.  Marvin,  47  days,  at  3  per  day — $141.00 

136  miles,  at  3  per  20—  20.40  $161.40 
Mr.  Palmer,  47  days,  at  3  per  day— $141.00 

200  miles,  at  3  per  20—  30.00  $171.00 
Mr.  Pan-in,  47  days,  at  3  per  day — $141.00 

72  miles,  at  3  per  ib—     10.80     $151.80 
Mr.  Patterson,  47  days,  at  3  per  day — $141.00 

320  miles,  at  3  per  20—  48.00  $189.00 
Mr.  Peters,  47  days,  at  3  per  day— $141.00 

720  miles,  at  3  per  20—  180.00     $249.00 

Mr.  Price,  47  days,  at  3  per  day— $141.00 

1000  miles,  at  3  per  20—  150.00     $291.00 
Mr.  Robinson,  47  days,  at  3  per  day — $141.00 

400  miles,  at  3  per  20 —  60.00  $201.00 
Mr.  Scott,  47  days,  at  3  per  day — $141.00 

720  miles,  at  3  per  20—  107.00  $249.00 
Mr.  Seely,  47  days,  at  3  per  day— $141.00 

360  miles,  at  3  per  20—  54.00  $195.00 
Mr.  Skiff,  47  days,  at  3  per  day—  $141.00 

180  miles,  at  3  per  20—  27.00  $168.00 
Mr.  Solomon,  47  days,  at  3  per  day— $141.00 

600  miles,  at  3  per  20—     90.00     $231.00 

Mr.  Todhunter,  47  days,  at  3  per  day — $141.00 

320  miles,  at  3  per  20—  48.00  $189.00 
Mr.  Traer,  47  days,  at  3  per  day— $141.00 

100  miles,  at  3  per  20—  '  15.00  $156  00 
Mr.  Wan-en,  47  days,  at  3  per  day — $141.00 

640  miles,  at  3  per  20—  96.00  $237.00 
Mr.  Wilson,  47  days,  at  3  per  day— $141.00 

110  miles,  at  3  per  20—  '  16.50  $157.50 
Mr.  Winchester,  47  days,  at  3  per  day — $141.00 

240  miles,  at  3  per  20—  36.00  $177.00 
Mr.  Young,  47  days,  at  3  per  day — $141.00 

200  miles,  at  3  per  20—   '30.00     $171.00 

Mr.  Springer,  (Prest.)    47  days,  at  3  per  day— $141.00 
66  miles,  at  3  per  20—       9.90 
Extra  pay  at  3  per  day— $141.00     $291.90 


375 


In  connection  with  said  statement,  the  following  resolution  was  sub- 
mitted : 

Resolved,  That  for  the  per  diem  and  mileage  of  members  as  set 
forth  in  the  annexed  statement,  a  certificate  signed  by  the  President 
and  attested  by  the  Secretary  be  delivered  to  the  Auditor  of  State  ; 

Upon  the  question  of  agreeing  to  said  resolution,  the  yeas  and  nays 
were  demanded,  and  it  was  decided  in  the  affirmative,  as  follows : 


YEAS. 
Messrs.  Ayers, 

Clark,  of  Alamakee, 

Emerson, 

Gibson, 

Gillaspy, 

Hall, 

Harris, 

Johnston, 

Marvin, 

KAYS. 
Messrs.  Bunker, 

Clarke,  of  Henry, 

Clarke,  of  Johnson, 

Edwards, 

Ells, 

Gower, 

Gray, 


Messrs.  Palmer, 
Parvin, 
Patterson, 
Peters, 
Price, 
Scott, 
Seely, 
Warren, 
Springer,  (P.)  18. 

Messrs.  Rollings  worth, 
Skiff, 

Todhunter, 
Traer, 
Wilson, 
Winchester, 
Young — 14. 


Mr.  Clark,  of  Alamakee,  offered  the  following  : 
Resolved,  That  the  Convention  adjourn  sine  die  at  seven  o'clock, 
A.  M.,  to-morrow ; 

Which  resolution  was  adopted. 

Mr.  Hall  offered  the  following  : 

Resolved,  That  one  copy  of  the  Journal  and  Debates  of  this  Con- 
vention be  presented  to  each  Editor  of  a  newspaper  or  periodical  paper 
published  in  this  State,  and  that  the  officer  distributing  said  Journal, 
&c.,  be  required  to  deliver  the  same  ; 

Upon  the  question  of  agreeing  to  said  resolution,  the  yeas  and  nays 
were  demanded,  and  it  was  decided  in  the  affirmative,  as  follows : 


YEAS. 


Messrs.  Clarke,  of  Henry, 
Emerson, 


Messrs.  Palmer, 

Patterson, 


3T6 

Messrs.  Gibson,  Messrs.  Peters, 

Gower,  Price, 

Hall,  Scott, 

Harris,  Solomon, 

Johnston,  Traer, 

Marvin,  Warren, 
Springer,  (Prest.) — 17. 

NAYS. 

Messrs.  Avers,  Messrs.  Hollings worth, 

Bunker,  Parvin, 

Clarke,  of  Johnson,  Seely, 

Clark,  of  Alamakee,  Skiff, 

Edwards,  Todhunter, 

Gillaspy,  Wilson, 

Gray,  Young — 14. 

Mr.  Harris  offered  the  following  : 

Resolved,  That  the  especial  and  particular  thanks  of  this  Conven- 
tion be  tendered  to  Thomas  J.  Saunders,  for  the  very  able  and  faithful 
manner  in  which  he  has  discharged  the  duties  of  Secretary  of  this  Con- 
vention, and  the  kind  and  gentlemanly  manner  in  which  he  has  de- 
meaned himself  towards  the  members  of  the  Convention ; 

Said  resolution  having  been  read,  the  same  was  adopted  unan- 
imously. 

Mr.  Clarke,  of  Henry,  from  the  Committee  on  Revision,  Engross- 
ment and  Enrollment,  reported  back  to  the  Convention  that  portion  of 
the  Constitution  referred  to  them,  relative  to  Education  and  School 
Lands  ; 

Which,  having  been  read  a  third  time, 
Upon  the  question  of  adopting  the  same, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirm- 
ative, as  follows : 

YEAS. 

Messrs.  Ayers,  Messrs.  Marvin, 

Edwards,  Palmer, 

Ells,  "Parvm, 

Emerson,  Patterson, 

Gibson,  Peters, 

Gillaspy,  Price, 

Gower,  Seely, 


377 


Messrs.  Hall, 
Harris, 

Hollingswortk, 
Johnston, 

Springer,  Prest.,)— 23. 


Messrs.  Skiff, 

Solomon, 

Todhunter, 

Warren, 


Messrs.  Traer, 
Wilson, 
Winchester, 


NAYS. 
Messrs.  Bunker, 

Clarke,  of  Henry, 
Clarke,  of  Johnson, 
Gray, 

The  same  Committee  reported  back  to  the  Convention  that  portion 
of  the  Constitution  referred  to  them,  relative  to  Amendments  to  the 
Constitution  ; 

Which,  having  been  read  a  third  time, 

Mr.  Wilson  moved  to  recommit  the  same  to  the  Standing  Committee 
on  that  subject,  for  the  purpose  of  amendment ; 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  it  wa§ 
decided  in  the  affirmative,  as  follows  : 


YEAS. 

Messrs.  Bunker, 

Clarke,  of  Henry, 

Clarke,  of  Johnson, 

Clark,  of  Alamakee, 

Ells, 

Gower 

Gray, 

Hollingsworth, 

Marvin, 


NAYS. 


Messrs.  Ayers, 

Edwards, 

Emerson, 

Gibson, 

Gillaspy, 

Hall, 

Harris, 


Solomon — 15. 


Messrs.  Scott, 
Skiff, 

Todhunter, 
Traer, 
Warren, 
Wilson, 
Winchester, 
Young, 
Springer  [P.]  18. 


Messrs.  Johnston, 
Palmer, 
Parvin, 
Patterson, 
Peters, 
Price, 
Secly, 


After  a  short  time,  Mr.  Warren,  Chairman  of  the  Committee  on 
Amendments  to  the  Constitution,  reported  the  same  back  to  the  Con- 


378 

vention,  with  the  following  amendment :  Insert  between  the  words 
"election"  and  "shall"  in  the  latter  part  of  the  Third  Section,  the 
words  "for  and  against  such  proposition  ;" 

The  question  now  being  upon  agreeing  to  the  amendment  proposed 
by  said  Committee, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirm- 
ative, as  follows  : 

YEAS. 

Messrs.  Bunker,  Messrs.  Scott, 

Clarke,  of  Henry,  Skiff, 

Clarke,  of  Johnson,  Solomon, 

Clark,  of  Alain akee,  Todhunter, 

Ells,  Traer, 

Gower,  Warren, 

Gray,  Wilson, 

Hollingsworth,  Winchester, 

Marvin,  Young, 
Springer,  (Prest.)  19. 

NAYS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Emerson,  Palmer, 

Gibson,  Parvin, 

Gillaspy,  Patterson, 

Hall,    '  Peters, 

Harris,  Price, 
Seely— 13. 

Upon  the  question  of  adopting  the  Article,  as  amended, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirm- 
ative, as  follows : 

YEAS. 

Messrs.  Bunker,  Messrs.  Parvin, 

Clarke,  of  Henry,  Scott, 

Clarke,  of  Johnson,  Seely, 

Clark,  of  Alamakee,  Skiff, 

Edwards,  Solomon, 

Ells,  Todhunter, 

Gower,  Traer, 

Gray,  Warren, 

Hollingsworth,  Wilson, 

Marvin,  Youug, 
Springer,  (Prest.,)  21. 


379 

NAYS. 

Messrs.  Ayers,  Messrs.  Johnston, 

Emerson,  Palmer, 

Gibson,  Patterson, 

Gillaspy,  Peters, 

Hall,  Price, 

Harris,  Winchester— 12. 

same  Committee  reported  back  to  the  Convention  that  portion 
of  the  Constitution  referred  to  them,  relative  to  Miscellaneous  Matter ; 

Which,  having  been  read  a  third  time, 

Upon  the  question  of  adopting  the  same,  the  yeas  and  nays  were 
demanded,  and  it  was  decided  in  the  affirmative,  as  follows  : 

YEAS. 

Messrs.  Ayers,  Messrs.  Parvin, 

Bunker,  Patterson, 

Clarke,  of  Henry,  Price, 

Clarke,  of  Johnson,  Scott, 

Edwards,  Seely, 

Ells,  Solomon, 

Gower,  Todhunter, 

Gray,  Traer, 

Hall,  Warren, 

Hollingsworth,  Wilson, 

Johnston,  Winchester, 

Marvin,  Young, 

Palmer,  Springer,  (P.,)  26. 

NAYS. 

Messrs.  Emerson,  Messrs.  Gillaspy, 

Gibson,  Harris — 4. 

Mr.  Clarke,  of  Johnson,  offered  the  following : 

Resolved,  That  the  thanks  of  this  Convention  be  tendered  to  W. 
Blair  Lord,  and  Charles  B.  Collar  and  Henry  M.  Park  hurst,  his  asso- 
ciates, for  the  accurate  and  impartial  manner  in  which  they  have  report- 
ed the  Debates  and  Proceedings  of  this  Convention ; 

Said  resolution,  having  been  read,  the  same  was  adopted  unani- 
mously. 

Mr.  Hall  offered  the  following : 

Resolved,  That  the  thanks  of  this  Convention  are  hereby  tendered 
to  the  different  officers  of  this  Convention  for  the  faithful,  impartial 


380 


and  courteous  manner  in  which  they  have  discharged  their  several  duties 
pertaining  to  their  offices  ; 

Said  resolution  having  been  read,  the  same  was  adopted  -unani- 
mously. 

Mr.  Clarke,  of  Henry,  from  the  Committee  on  Revision,  &c.,  re- 
ported back  to  the  Convention  that  portion  of  the  Constitution  referred 
to  them  relative  to  the  schedule  ; 

Which,  having  been  read  a  third  time, 

On  motion,  the  same  was  recommitted  to  the  Standing  Committee 
on  that  subject  for  the  purpose  of  amendment ; 

Said  committee,  after  a  short  time,  reported  the  Article  back  to  the 
Convention,  with  the  section  relative  to  the  division  of  the  county  of 
Lee  stricken  out ; 

The  Convention  having  concurred  in  the  amendment  made  by  the 
Committee,  and, 

The  question  being  upon  the  adoption  of  the  schedule,  as  amended, 

The  yeas  and  nays  were  demanded,  and  it  was  decided  in  the  affirm- 
ative, as  follows :  • 


YEAS. 

Messrs.  Bunker, 

Clarke,  of  Henry, 

Clarke,  of  Johnson, 

Clark,  of  Alamakee, 

Edwards, 

Ells, 

Gower, 

Gray, 

Hollingswortb, 

Marvin, 


NAYS. 


Messrs.  Ay  era, 

Emerson, 

Gibson,. 

Gillaspy, 

Hall, 

Harris, 

On  motion  o£  Mr.  Skiff, 

The  Convention  then  adjourned. 


Messrs.  Parvin, 

Scott, 

Seely, 

Skiff, 

Todhunter, 

Traer, 

Warren, 

Wilson, 

Young, 

Springer,  (P.,)  20. 


Messrs.  Johnston, 
Palmer, 
Patterson, 
Deters, 
Price, 
Solomon — 12. 


381 


THURSDAY  AFTERNOON. 

At  two  o'clock,  P.  M.,  the  Convention  again  met. 

Mr.  Hall,  on  behalf  of  himself  and  several  other  members,  present- 
ed the  following 

PROTEST. 

The  undersigned,  members  of  this  Convention,  beg  leave  to  present 
the  following  protest  against  certain  provisions  contained  in  the  sched- 
ule, as  passed  by  the  majority  of  the  Convention: 

Under  the  provisions  of  the  schedule,  the  question  of  adopting  the 
Constitution  will  be  submitted  to  the  people  for  their  approval  or  rejec- 
tion, on  the  first  Monday  of  August,  A.  D.,  J857.  If  it  is  adopted ', 
it  becomes  the  supreme  law  of  the  State.  The  first  election  under  it 
will  be  on  the  second  Tuesday  of  October,  1857  :  with  this  we  would 
be  content.  But  the  tenth,  seventh  and  eighth  sections  of  the  schedule 
come  in  and  completely  discredits  the  first  section,  by  denying  to  the 
Constitution  its  authoritative  character  in  the  important  and  primary  mat- 
ter of  electing  their  Representatives  and  other  officers  of  the  State. 

The  Constitution  recognizes  and  gives  to  the  people  the  right  to 
elect  their  Supreme  Judges.  The  manner  of  electing  those  officers 
under  the  present  Constitution  is  condemned  as  wrong ;  yet,  although 
the  Constitution  provides  for  a  general  election  in  1857  and  1858,  this 
right  of  the  people,  so  unanimously  conceded,  is  withheld  until  October, 
1859. 

The  Constitution  provides  for  the  mode  and  manner  of  apportioning 
the  State  into  Representative  Districts.  This  manner  is  materially  and 
radically  different  from  the  mode  provided  under  the  present  Constitu- 
tion, and  would  be  the  supreme  law  of  the  land  at  the  October  election, 
1857,  if  this  schedule  did  not  interpose  a  veto  upon  it. 

In  the  place  of  allowing  the  wise  and  equitable  mode  provided  by  this 
Constitution  to  govern  the  apportioning  of  the  State  into  Representa- 
tive Districts,  this  schedule  interposes  and  adopts  the  apportionment 
made  by  the  late  General  Assembly,  and  again  denies  to  the  Constitu- 
tion its  Supreme  character.  The  apportionment  in  this  manner  adopt- 
ed is  grossly  unjust  and  in  violation  of  the  very  first  principles  asserted 
in  this  Constitution.  It  gives  the  power  to  a  minority  of  near  twenty 
thousand  of  the  people  of  this  State  to  elect  a  majority  of  the  Repre- 
sentatives of  the  people.  This  Convention,  then,  by  their  action,  sane- 


382 

tions  and  adopts  the  principle  that  the  first  Legislature  that  shall  assem- 
ble under* this  Constitution  shall  be  elected  by  a  minority  of  the  people 
of  the  State. 

The  undersigned  would  not  complain  at  a  reasonable  delay  in  the 
passing  from  the  old  Constitution' to  the  new  one,  but  where  it  is  appa- 
rent that  the  proper  time  has  been  enlarged,  and  just  and  wise  reforms 
are  delayed  and  withheld  for  mere  partizan  purposes  and  advantages, 
the  undersigned  cannot  silently  stand  by  and  suffer  the  outrage  to  be 
consummated. 

We,  therefore,  protest  against  the  postponement  of  the  elections  of 
Supreme  Judges,  until  October,  1859. 

We  protest  against  the  election  of  the  Legislature  under  any  other 
apportionment  except  based  upon  the  principles  declared  in  the  Consti- 
tution. 

We  protest  against  continuing  the  apportionment  law  of  the  late 
General  Assembly  by  constitutional  adoption :  because  we  know  it  to 
be  an  outrage  upon  the  rights  of  the  people,  by  turning  over  to  the 
minority  of  the  people  the  power  of  the  government,  which,  upon  th.e 
highest  principles,  belongs  alone  to  the  majority. 

J.  C.  HALL,  D.  P.  PALMER, 

A.  HARRIS,  H.  D.  GIBSON, 

JOHN  H.  PETERS,  WM.  PATTERSON, 

S.  AYERS. 

Which,  having  been  read,  was  received,  and  ordered  to  lie  on  the 
table. 

Mr.  'Clarke,  of  Johnson,  moved  that  the  several  Articles  of  the 
Constitution  be  referred  to  a  committee  of  three  for  critical  examina- 
tion ; 

Which  motion  was  agreed  to,  and  the  President  appointed  Messrs. 
Clarke,  of  Johnson,  Hall  and  Gray  said  committee. 

Mr.  Peters  offered  the  following : 

Resolved,  That  the  Secretary  of  State  be  allowed  the  sum  of  thirty 
dollars  to  pay  postage  on  Green's  Reports,  to.be  sent  to  members  of  the 
Convention ; 

Which  resolution  was  adopted. 

Mr.  Parvin  moved  that  the  members  of  the  Convention  dispense  with 
the  daily  slips  of  the  Debates  and  Proceedings  ; 

Which  motion  was  not  agreed  to. 


383 

The  President  laid  before  the  Convention,  the  following  commu- 
nication : 

CONVENTION  HALL,  March  5th,  1857. 
HON.  FRANCIS  SPRINGER  : — 

Dear  Sir :  Will  you  be  kind  enough  to  state 

to  members  of  the  Convention,  that  as  there  are  some  errors  in  the  por- 
tion of  the  Debates  already  published,  and  there  may  be  others  hereaf- 
ter, both  before  and  after  I  shall  commence  my  revision  of  them,  if 
each  member  will,  before  the  close  of  its  publication,  forward  to  me 
such  errors  as  they  maybe  able  to  discover,  I  will  incorporate  them  un- 
der the  general  head  of  "errata,"  to  come  in  just  before  the  index. 
Respectfully  yours, 

W.  BLAIR  LORD, 

Which  was  read  and  received  by  the  Convention. 

On  motion  of  Mr.  Peters, 

The  Convention  adjourned  till  seven  o'clock  this  evening. 


THURSDAY  EVENING. 

At  seven  o'clock,  P.  M.,  the  Convention  again  met. 
i 

Mr.  Johnston,  from  the  Committee  on  Expenditures,  presented  a 
statement  in  detail,  respecting  the  number  of.  newspapers  ordered  by 
the  members,  and  recommending  an  allowance  of  $1.25  for  the  daily 
copies  and  $0,50  for  the  weekly  copies  ;  and,  in  connection  therewith, 
oflered  the  following  resolution  : 

Resolved,  That  the  allowances  made  in  the  statement  be  approved, 
and  a  certificate  of  the  same,  signed  by  the  President  and  attested  by 
the  Secretary,  be  delivered  to  the  Auditor  of  State, 

Said  resolution  having  been  read,  the  same  was  adopted  by  the  Con- 
vention. 

Mr.  Johnston,  from  the  same  committee,  presented  a  statement  as 
follows  : 


384 
COMPENSATION  OF  OFFICERS. 

Thomas  J.  Saunders,  Secretary,  47  days,  at  $6  per  day,     $282.00 

E.  N.  Bates,  Ass't  Secretary,        47  days,  at  $6  per  day,       282.00 
S.  C.  Trowbridge,  S't-at-Arms,    47  days,  at  $3  per  day,       141.00 

F.  Thompson,  Door-Keeper,         47  days,  at  $3  per  day,       141.00 
J.  H.  Merritt,  Fireman,  47  days,  at  $3  per  day,       141.00 
John  Quaintance,  Ass't  Fireman,  44  days,  at  $3  per  day,      132.00 
James  Hawkins,  Messenger,          47  days,  at  $2. 50  per  day,  117.50 
Geo.  Clearman,  Ass't  Messenger,  47  days,  at  $2.50  per  day,  117.50 
W.  Conard,  Second  do.  47  days.,  at  $2.50  per  day,  117.50 
A.  J.  Kynett,  Chaplain,  150.00 

Also,  the  following  resolution  : 

Resolved,  That  a  certificate,  signed  by  the  President  and  attested 
by  the  Secretary,  embracing  the  above  statement,  be  delivered  to  the 
Auditor  of  State  ; 

Which,  having  been  read,  the  same  were  adopted  by  the  Convention. 

Mr.  Johnston,  from  the  same  committee,  presented  the  following 
statement  and  resolutions : 

MISCELLANEOUS  EXPENSES. 

Thomas  J.  Saunders,  for  superintending  printing  of,  and 

distributing  Journals  of  Convention,  $500.00 

Thomas  J.  Saunders >  for  enrolling  Journal  and  Constitu- 
tion,        -  -  200.00 

Willis  Conard,  for  forwarding  letters,  after  adjournment,  30.00 

Mr.  Wall,  for  paste,  4.00 

Post  Office  accounts,     -                                              -  534.38 

Wm.  Gray,  for  enrolling  Constitution,                  -         -  35.00 

E.  Sells,  Secretary  of  State,  for  books  purchased  under 

order  of  Convention,  per  bill  filed,  740.00 

E.  Sells,  Secretary  of  State,  for  distribution  of  Debates, 

under  resolution  of  Convention,  -  400.00 

E.  Sells,  Secretary  of  State/for  distributing  Green's  Re- 
ports, under  resolution  of  the  Convention,     -          $30.00 


385 

W.  Blair  Lord,  for  superintending  printing  and  indexing 

Debates,  -  200.00 

The  Committee  on  Expenditures  report  that  the  foregoing  Miscella- 
neous Accounts  are  correct,  as  directed  by  order  of  the  Convention,  and 
they  ask  for  the  adoption  of  the  following  resolutions  : 

Resolved^  That  the  President  of  the  Convention  sign,  and  the  Sec- 
retary attest,  certificates  of  the  correctness  of  the  foregoing  accounts, 
to  the  Auditor  of  State. 

Resolved,  That  John  Teesdale,  of  the  Iowa  City  Republican,  be 
allowed  for  the  incidental  printing  of  the  Convention,  the  same  prices 
as  are  allowed  for  similar  work  by  law  to  the  State  Printer,  and  that  a 
bill  of  the  same  be  presented  to  the  Auditor  of  State. 

Resolved,  That  John  Mahin's  account  for  printing  the  Journal  and 
the  Constitution,  per  resolution  of  this  Convention,  be  audited  by  the 
State  Auditor,  and  that  he  be  allowed  for  said  work  the  same  prices  as 
are  now  allowed  by  law  for  similar  work  to  the  State  Printer. 

Resolved,  That  John  Bittman's  account  for  translating  the  Consti- 
tution into  the  German  language,  and  printing  the  same,  as  per  reso- 
lution of  this  Convention,  be  audited  by  the  State  Auditor,  and  that  he 
be  allowed  for  such  work  the  same  prices  as  are  now  allowed  by  law  for 
similar  work  to  the  State  Printer. 

Resolved,  That  Henry  P.  Scholte's  account  for  translating  the  Con- 
stitution into  the  Dutch  language,  and  printing  and  distributing  the 
same,  shall  be  audited  by  the  State  Auditor,  and  that  he  be  allowed  for 
printing  the  same  the  same  prices  as  are  now  allowed  by  law  for  similar 
work  to  the  State  Printer. 

Resolved,  That  the  account  of  A.  P.  Luse  &  Co.,  for  printing  the 
Debates  of  this  Convention,  under  contract  made  for  such  work,  [see 
page  26  of  Debates,]  be  audited  by  the  State  Auditor  on  the  certificate 
of  W.  Penn  Clarke,  Chairman  of  Committee  of  Printing  Debates. 

Resolved,  That  the  accounts  of  W.  Blair  Lord,  for  reporting  the 
Debates  of:  this  Convention,  under  contract  made  for  such  work,  [see 
page  26  of  Debates,]  be  audited  by  the  State  Auditor,  on  the  certifi- 
cate of  W.  Penn  Clarke,  Chairman  of  Committee  of  Printing  Debates. 

Which,  having  been  read  and  received, 

Mr.  Clarke,  of  Johnson,  moved  to  strike  out  of  the  item  for  books 
purchased  under  order  of  Convention,  the  sum  of  $400,  that  being  the 
amount  designated,  as  per  bill  of  Secretary  of  State,  for  Vols.  3  and 
4  of  Green's  Reports  : 

The  Previous  Question  having  been  called  for, 

Upon  the  question,  Shall  the  main  question  now  be  put  ? 
25 


886 

It  was  decided  in  the  affirmative,  a  majority  of  the  members  present 
voting  therefor. 

Upon  the  question  of  agreeing  to  the  motion  of  Mr.  Clarke,  of 
Johnson,  the  yeas  and  nays  were  demanded,  and  it  was  decided  in  the 
negative,  as  follows : 

YEAS. 

Messrs.  Bunker,  Messrs.  Parvin, 

Clarke,  of  Johnson,  Patterson, 

Clark,  of  Alamakee,  Skiff, 

Gillaspy,  Traer, 

Gower,  Wilson, 

Gray,  Young, 

Johnston,  Springer,  (P. )  14. 

NAYS. 

Messrs.  Ayers,  Messrs.  Hollingsworth, 

Clarke,  of  Henry,                           Marvin, 

Edwards,  Peters, 

Ells,  Price, 

Emerson,  Scott, 

Gibson,  Seely, 

Hall,  Solomon, 

Harris,  Todhunter, 
Warren — 17. 

The  statement  and  resolutions  presented  by  the  Committee  on  Ex- 
penditures were  then  adopted  by  the  Convention. 

Mr.  Gray,  from  the  committee  thereto  appointed,  reported  back  the 
Constitution  with  a  number  of  verbal  and  grammatical  amendments  ; 

Which  were  severally  agreed  to. 

The  question  now  being  upon  adopting  the  Constitution  as  a  whole, 
the  yeas  and  nays  were  ordered,  with  the  following  result : 

YEAS. 

Messrs.  Bunker,  Messrs.  Parvin, 

Clarke,  of  Henry,  Patterson, 

Clarke,  of  Johnson,  Price, 

Clark,  of  Alamakee,  Scott, 

Edwards,  Seely, 

Ells,  Skiff, 

Gillaspy,  Todhunter, 


887 

Messrs.  Gower,  Messrs.  Traer, 

Gray,  Warren, 

Hollingsworth,  Wilson, 

Johnston,  Winchester, 

Marvin,  Young, 

Springer,  (Prest.,) — 25. 

NAYS. 

Messrs.  Ayers,  Messrs.  Hall, 

Emerson,  Harris, 

Gibson,  Peters, 

Solomon — 7. 

So  the  Constitution  was  adopted,  and  the  same  was  ordered  to  be 
enrolled,  signed  by  the  members  of  the  Convention,  and  attested  by  the 
Secretaries,  and  deposited  in  the  office  of  the  Secretary  of  State. 

Mr.  Edwards  offered  the  following : 

Resolved,  That  all  personal  differences  which  have  occurred  between 
members  during  the  sittings  of  this  Convention  be  aunk  in  oblivion  and 
forgotten  from  and  after  this  date  ; 

Which  resolution  was  adopted  unanimously. 

Mr.  Edwards  then  offered  the  following  : 

Resolved,  That  this  Convention  do  now  adjourn  sine  die  ; 

Which  resolution  was  adopted. 

*  Before  declaring  the  result  of  the  vote,  the  President  addressed  the 
Convention  as  follows : 

GENTLEMEN  or  THE  CONVENTION  : 

I  should  be  dissatisfied  with  myself 

if  I  should  neglect  to  embrace  the  opportunity  afforded  by  this  closing 
hour  of  the  session  to  say  a  word  in  acknowledgment  of  the  obligations 
I  am  under  to  you.  I  feel  that  my  relation  to  you  is  that  of  a  debtor, 
and  I  regret  to  add,  a  debtor  of  a  very  unfortunate  class — an  insolvent 
one.  I  have  been  the  constant  recipient  of  your  kindness  here.  It 
began  by  placing  ine  in  the  distinguished  position  of  your  Presiding 
Officer.  New  proofs  of  it  have  greeted  me  with  each  succeeding  day's 
sitting,  in  the  respect  and  consideration  with  which  my  humble  endeav- 
ors to  serve  you  have  been  received,  and  it  has  now  culminated  in  a 
formal  expression  of  your  satisfaction  with  the  manner  in  which  the 
duties  of  the  Chair  have  been  performed. 

I  know  not  how  to  pay  the  debt  I  owe  you  ;  but  while  I  confess  my 
inability  to  discharge  it,  I  beg  you  to  be  assured  of  my  cheerful  readi- 


388 

ness  to  do  the  next  best  thing  in  my  power,  which  is  fully  to  acknowledge 
it,  and  to  assure  you  that  no  statute  of  limitation  shall  ever  bar  it. 

To  other  evidences  of  your  kindness,  the  recollection  of  which  I  shall 
not  cease  to  cherish,  you  have  superadded  the  compliment  of  present- 
ing, for  my  acceptance,  the  chair  I  have  had  the  honor  to  occupy.  As 
a  testimonial  of  your  appreciation  of  my  endeavors  to  discharge  accept- 
ably its  duties,  I  receive  it,  and  not  because  I  think  it  deserved  from 
any  other  consideration.  I  shall  respect  and  prize  it  as  a  memento, 
not  only  of  your  generous  bounty,  but  also  of  the  many  pleasant  days 
we  have  passed  together  here. 

Our  task  is  done.  The  work  we  have  been  sent  here  to  perform  is 
completed.  The  results  of  our  labors  and  deliberations  we  commit  to 
the  people  and  to  history.  The  judgment  of  both  we  may  abide,  I 
think,  with  undoubting  confidence. 

How  faithfully  you  have  labored  in  the  great  work  committed  to  our 
charge,  the  record  of  our  excellent  Secretaries  and  able  and  faithful 
Reporters  will  in  part  show.  For  the  rest,  I  can  bear  cheerful  testi- 
mony. I  am  free  to  say,  that  for  patient  investigation,  for  devotion 
to  duty,  for  dignity  of  deportment,  for  courtesy,  propriety  and  decorum 
in  debate,  I  am  satisfied  this  Convention  will  compare  favorably  with 
any  other  similar  body.  We  have  read  of  conflicts  on  the  battle-field, 
where  it  was  said  that  each  man  felt  and  fought  as  if  on  his  sole  arm 
hung  victory.  So  it  has  appeared  to  me  that  each  member  of  this 
Convention  has  acted  as  if  impressed  with  the  thought  that  in  his  hands 
was  the  destiny  of  the  State,  and  that  upon  his  efforts  depended  much 
her  future  prosperity  and  glory. 

The  holding  of  such  a  Convention  as  this,  for  the  purpose  of  recon- 
structing the  fundamental  law  of  the  State,  must  be  regarded  as  an* 
epoch  in  our  history.  To  have  been  members  of  this  Convention  ;  to 
have  been  associated  together  for  so  long  a  period  in  official  intercourse, 
entrusted  with  the  exalted  duty  of  preparing  a  new  frame- work  of  gov- 
ernment ;  to  have  labored  so  anxiously  together  for  auspicious  results, 
and  so  successfully,  too,  as  I  believe,  is  an  event  which  will  remain 
deeply  impressed  upon  our  minds.  Nor  will  that  impression  be  lessen- 
ed by  the  thought  that  this  favored  country  of  ours  is  perhaps  the  only 
spot  on  the  face  of  the  earth  where  such  an  assembly,  for  such  a  pur- 
pose, could  be  held  ;  and  ours  the  only  people  out  of  the  millions  who 
inhabit  our  planet,  among  whom  the  sublime  sentiment  that  all  political 
power  is  inherent  in  the  people,  is  a  practical  reality. 

As  to  the  nature  and  character  of  the  changes  you  have  made  in  the 
organic  law  of  the  State,  I  need  not  here  speak.  The  new  Constitution 
will  soon  be  published  in  juxtaposition  with  the  old.  Your  work  will 
speak  for  itself,  and  so  speaking  will  commend  itself  to  the  approbation 
of  the  people. 


389 

I  may  say,  in  brief,  that  we  have  added  some  new  and  important 
guards  for  the  security  of  popular  rights,  and  for  the  promotion  of  the 
best  interests  of  the  social  compact.  Restrictions  existed  in  the  old 
Constitution,  which  it  is  believed  have  operated  to  check  and  retard 
the  energies  and  prosperity  of  the  State.  These  we  have  removed. 
We  have  stricken  the  fetters  from  the  limbs  of  the  infant  giant,  and 
given  free  scope  to  resources,  capable,  as  we  believe,  of  working  out 
the  highest  results. 

Few  States  present  a  more  inviting  record  than  Iowa.  We  may  well 
be  proud  of  her.  Among  the  youngest  of  the  sovereign  States  of  the 
confederacy,  she  has  already  attained  a  stature  of  gigantic  proportions. 
And  now  invigorated  by  fresh  draughts  from  the  fountain  of  Republic- 
anism, she  will  move  onward  to  a  position  of  the  first  magnitude  in  the 
galaxy  of  American  States,  presenting  a  bright  example  of  a  free, 
prosperous  and  happy  people. 

Pardon  me,  gentlemen,  for  detaining  you  with  these  poor  words  of 
mine.  The  moment  of  separation  has  come.  We  leave  our  places 
here,  to  return  to  our  respective  districts,  "to  the  loved  sights  and 
sounds  of  home,  to  the  congratulations  of  friends,  and  the  applause  of 
satisfied  constituencies." 

And  now,  with  my  warmest  wishes  for  your  happiness,  "and  with  our 
hearts  filled  with  gratitude  to  HIM  whose  providential  care  has  been  so 
signally  over  us,  guiding  us,  protecting  us,  directing  us,  I  proceed  to 
give  effect  to  the  last  vote  you  have  taken,  by  declaring  this  Convention 
dissolved. 

The  Convention  then  adjourned  sine  die. 


INDEX, 


.A. 

ABSENCE— 

leave  of,  granted  to  A.  R.  Cotton,  89. 
ADDRESS— 

of  President  upon  taking  his  seat,  10. 

of  President  upon  adjournment  of  Convention,   387. 

ADJOURNMENT— 

sine  die,  resolution  respecting,  137,  167,  177,  181,  352, 
361,364,375,387. 

sine  die,  389. 
AMENDMENTS  TO  THE  CONSTITUTION— 

report  of  commitiee  upon,  41. 

minority  report  of  committee  upon,   78. 

committee  of  the  whole  upon,    218,  219. 

report  of  committee  of  the  whole  upon,  219,  229. 

report  of  committee  on  revision,  engrossment  and  enroll- 
ment upon,  377. 

B. 

BALLOT— 

for  seats  in  senate  chamber,  resolution  respecting,   82. 

BARNE'S  CONSTITUTIONS— 

resolution  authorizing  the  purchase  of,  22. 
BASIS  OF  REPRESENTATION- 

resolution  relative  to,  62,   64. 

appointment  of  special  committee  upon,    69. 

report  of  special  committee  upon,   128. 
BATES,  E.  N.- 

elected  secretary,  pro  tempore,  3. 

elected  secretary,  permanently,   12. 

resolution  authorizing  additional  compensation  to,  372. 


392 

BUNKER,  DAVID— 

appointed  on  committee  on  expenditures,  350. 

c. 

CENSUS— 

resolution  furnishing  abstract  of,  36. 
CHAPLAIN— 

acceptance  of  position  of,  SO. 

CITIZENS  LIBRARY  ASSOCIATION— 

resolution  of  thanks  to,  161. 

CLARKE,  WM.  PENN— 

excused  from  serving  on  committee  on  expenditures,  350, 
CLEARMAN,  GEORGE— 

elected  assistant  messenger,  pro  tempore,  4. 

elected  assistant  messenger,  permanently,  14. 
CODE  OF  IOWA,  &c.- 

resolution  furnishing  the  members  with,  16,   22. 
COLLAR,  CHARLES  B  — 

resolution  of  thanks  to,  379. 

COLONIZATION  SOCIETY— 

resolution  granting  Hall  to,  36. 

COMMITTEE— 

on  credentials,  5. 

on  invitations  of  Dubuque  and  Davenport,    8. 

on  rules,  17. 

on  reporter  and  debates  and  proceedings,    18. 

on  standing  committees,   22. 

on  procuring  a  suitable  hall,    27. 

to  number  seats  in  senate  chamber,  82. 

on  charitable  institutions,  92,  102. 

to  revise  printing,  &c.,  appointment  of,  109. 

on  revision,  engrossment  and  enrollment,  resolution  red* 

pecting,  167,  176. 

on  expenditures,  motion  respecting,  261. 
on  expenditures,  appointment  of ,  263. 
on  expenditures,  resolution  respecting  addition  to,  338. 
on  expenditures,  report  of,  373,  383. 
on  resolutions  respecting  indexing  debates,  &c.,   270. 
to  procure  two  thousand  copies  of  the  new  constitution,  372. 
on  critical  examination  of  constitution,  382. 

COMMITTEE  OF  THE  WHOLE- 

on  preamble  and  bill  of  rights,  95,  103. 

on  judicial  department,   122,  123,  124,  158,  159, 


393 

COMMITTEE  OF  THE  WHOLE— 

on  state  debts,  127. 

on  incorporations,  132,  133,  134,  135,  136,  138,  139, 

140 
on  distribution  of  powers  and  legislative  department,  191 , 

192,  i02,  208. 

on  executive  department,  211. 
on  education  and  school  lands,  218,  236,  255,  256. 
on  amendments  to  the  constitution,  218,  219,  229. 
on  right  of  suffrage,  252,  254,  256,  301,  313,  317. 
on  miscellaneous  matter,  278,  279. 
COMMITTEE  (SPECIAL)— 

on  basis  of  representation,  69. 
On  right  of  suffrage,  120. 
on  preamble  and  bill  of  rights,  122. 
on  incorporations,  158. 
on  delay  in  printing,  176,  177. 
on  permanent  investment  of  school  fund,  270. 
on  resolutions  respecting  printing  of  journal,  287. 
COMMUNICATION- 

Hon.  W.  W.  Hamilton,  president  of  the  senate,  to  the 

president  of  the  convention,  5. 
Mayor  of  Dubuque  to  Hon.  W.  W.  Hamilton,  6. 
Hon.  H.  G.  Earner  to  the  president  of  the  convention,  T. 
S.  S.  Howe  to  the  president  of  the  convention,  18. 
President  of  the  convention  to  the  Rev.  A.  J.  Kynett,  30. 
Rev.  A.  J.  Kynett  to  the  president,  30. 
C.  W.  Hobart,  Esq.,  to  the  president  of  the  convention^ 

161. 

E.  Billings  Smtth  to  members  of  the  convention,  297. 
J.  R.  Hartsock  to  members  of  the  convention,  2  08. 
W.  Blair  Lord  to  the  president  of  the  convention,  383. 

CONARD,  WILLIS— 

resolution  to  appoint  paper  folder,  92. 

authorized  to  forward  mail  matter,  363. 
CONSTITUTION— 

copies  of,  for  members,  17. 

resolution  respecting  distribution  of  German  copies, 

adopted  as  a  whole,  386. 
COTTON,  AYLETT  R.— 

leave  of  absence  granted  to,  89. 
CREDENTIALS— 

resolution  for  committee  on,  5. 

presentation  of  J.  H.  Peters',  23. 
25* 


394 

D. 

DAILY  REPORTS— 

resolution  authorizing  an  additional  number  of,  109. 

DEBATES  AND  PROCEEDINGS— 

report  of  committee  on,  33,  36,  16,  55,  66,  299,  325, 
342,  360. 

DISTRIBUTION  OF  POWERS— 

report  upon,  42,  120. 

committee  of  the  whole  upon,  191,  192. 

report  of  committee  of  the  whole  upon,  192,  202, 
208. 

report  of  committee  on  revision,  engrossment  and  enroll- 
ment upon,  362,  364. 

DOOR-KEEPER— 

nomination  and  election  of,  pro  tempore,  4. 
permanent  election  of,  13. 

3S. 

EDUCATION  AND  SCHOOL  LANDS— 

report  of  committee  upon,  73,  306, 
minority  report  of  committee  upon,  76,  309. 
committee  of  the  whole  upon,  218,  236,  255,  256. 
report  of  committee  of  the  whole  ;iipon,  265,  287,  292, 

300,  329,  338,  352. 

addition  to  standing  committee  upon,  301. 
substitute  for  article  upon,  330. 

report  of  committee  on  revision,  engrossment  and  enroll- 
ment upon,  376. 

ENROLLING  CLERK- 

resolution  authorizing  appointment  of,  262. 

EXECUTIVE  DEPARTMENT- 

report  of  committee  upon,  70,  120. 
committee  of  the  whole  upon,  211. 
report  of  committee  of  the  whole  upon,  211,  212.    , 
report  of  committee  on  revision,  engrossment  and  enroll- 
rollment  upon,  368. 

F. 

FIREMAN— 

nomination  and  election  of,  pro  tempore,  4. 
permanent  election  of,  14. 
(assistant)  appointment  of,  31. 


895 

a. 

GILLASPIE,  GEORGE— 

added  to  committee  on  education  and  school  lands,  301. 

H. 

HALL  FOR  MEETING— 

report  of  committee  upon,  31. 

HARTSOCK,  JAS.  R.— 

voted  a  copy  of  the  debates,  372. 

HAWKINS,  JA.MES- 

nominated  and  elected  messenger,  pro  tempore,  4. 
elected  messenger,  permanently,  14. 
resolution  respecting,  129. 

I. 

INCORPORATIONS- 

report  of  committee  upon,  92,  118. 

committee  of  the  whole  upon,  132,  133,  134,  135,  136, 
138,  139,  140. 

report  of  committee  of  the  whole  upon,  140,  268. 

appointment  of  special  committee  upon,  158. 

report  of  special  committee  upon,  238,  265,  270. 

report  of  committee  on  revision,  engrossment  and  enroll- 
ment upon,  371. 

INDEBTEDNESS,  (RAILROAD)— 

resolution  respecting,  92. 

INQUIRY— 

resolution  of,  offered  by  Mr.  Johnston,  35,  45,  103. 

"  "  Clarke  of  Johnson,  36, 45, 300. 

"  "  "  Traer,  36. 

"  "  "  Gibsen,  38. 

"  "  "  Wilson,  38,  43. 

"  "  "  Parvin,  38,  51,  62. 

"  "  "  Todhunter,  39. 

"  "  "  Edwards,  43,  51. 

"  "  «  Bunker,  43. 

««  "  "  Solomon,  44,  45,  50. 

«  «  "  Clarke  of  Alamakee,  44, 66, 80. 

"  "  "  Clarke,  of  Henry,  44,  47,  53, 

79,  300. 

"  "  "  Price,  44. 

"  "  "  Peters,  48. 

u  "  u  Ayers,  49. 


396 

1KQUIRY— 

resolution  of  ,  offered  by  Mr.  Gower,  51,  57,  90. 

"  "       "         Seely,  65. 

"  "       "         Gillaspy,  300. 

"  "       "         Winchester,  301. 

INVITATION— 

of  city  council  of  Dubuque,  6. 
of  city  council  of  Davenport,  7. 
appointment  of  committee  upon,  8. 
report  of  committee  upon,  19. 
subject  finally  disposed  of,  26. 
of  citizens  library  association,  223. 

J. 

JOHNSTON,  EDWARD— 

added  to  standing  committee  on  militia,  69. 

JOURNAL— 

resolution  respecting  printing,  &c.,  of,  262,  286. 
special  committee  on  resolutions  respecting  printing  of, 

287. 

resolution  respecting  enrolling  of,  313. 
report  of  special  committee  upon,  343,  361. 
minority  report  of  special  committee  upon,  344. 

JUDICIAL  DEPARTMENT— 

report  of  committee  upon,  97,  105,  124,  224,  227. 
minority  report  of  committee  upon,  100,  127. 
committee  of  the  whole  upon,  122,  123,  124,  159,  161, 

169,184,190. 

resolution  of  instruction  to  committee  on,  233. 
report  of  committee  on  revision,  engrossment  and  enroll- 

ment upon,  369. 

JUDICIAL  DISTRICTS- 

resolution  respecting  the  number  of,  &c.,  43,  123. 
resolution  respecting,  312. 

K. 

KYNETT,  REV.  ALFRED  J.— 

acceptance  of  position  of  chaplain,  30. 


LEE  COUNTY— 

additional  section  to  schedule,  respecting,  357,  380. 


397 

LEGISLATIVE  DEPARTMENT— 

report  of  committee  upon,  82,  120. 
committee  of  the  whole  upon,  191,  192. 
report  of  committee  of  the  whole  upon,  192. 
resolution  of  instructions  to  committee  upon,  234. 
report  of  committee  on  revision,  engrossment  and  enroll- 
ment upon,  362,  364. 
LORD,  W.  BLAIR— 

appointed  reporter  to  the  convention,  18. 
resolution  of  thanks  to,  379. 

M. 

MANUAL,  (CUSfflNG'S)— 

adopted  by  the  convention,  31. 

MEMBERS  ELECT- 
call  of,  4. 

MERRITT,  J.  H.— 

elected  fireman,  pro  tempore,  4. 

permanent  election  of,  14. 
MESSENGER— 

nomination  and  election  of,  pro  tempore,  4, 

permanent  election  of,  14. 
MESSENGER,  (ASSISTANT)— 

nomination  and  election  of,  pro  tempore,  4. 

permanent  election  of,  14. 

MILEAGE  OF  MEMBERS— 

resolution  respecting,  347. 

resolution  respecting  manner  of  ascertaining,  348% 

report  of  secretary  respecting,  359. 

report  of  committee  on  expenditures  upon,  373. 
MILITIA— 

addition  to  standing  committee  upon,  69. 

report  of  committee  upon,  226,  232. 

report  of  committee  on  revision,  engrossment  and  enroll- 
ment, 370, 
MILLS  COUNTY— 

fixing  it  as  part  of  the  sixth  judicial  district,  358. 
MISCELLANEOUS  MATTER— 

report  of  committee  upon,  237. 

committee  of  the  whole  upon,  278,  279. 

report  of  committee  of  the  whole  upon,  279. 

report  of  committee  on  revision,  engrossment  and  enroll- 
ment upon,  379. 


398 


NEGROES  AND  MDLATTOES— 

article  respecting,  320. 

NEWSPAPERS— 

resolution  respecting,  17,  27,  31,  69. 

o, 

OATH— 

resolution  relative  to  members  taking,  15. 
administered  by  Judge  Lee,  19. 

OFFICERS  OF  CONVENTION- 

resolution  designating  them,  9. 
resolution  o£  thanks  to,  379. 
ORGANIZED  COUNTIES- 

resolution  furnishing  members  of  convention  with  list  of,  32. 


PARKER'S  SECTIONAL  MAP— 

resolution  furnishing  members  of  convention  with,  32. 

PARKHURST,  HENRY  M.- 

resolution  of  thanks  to,  379. 
PARVIN,  JOHN  A.— 

elected  President,  pro  tempore,  3. 

leave  of  absence  for,  161. 
.     PER  DIEM— 

report  of  committee  of  expenditures  upon,  373. 
PETERS,  JOHN  H.— 

presentation  of  credentials,  23. 

resolution  to  add  to  standing  committees  on  preamble  and 

bill  of  rights,  and  schedule,  92« 
PETITION— 

of  George  Freelcy  and  others,  30. 

of  R.  M.  Wilson  and  others,  50. 

of  Alex.  Story  and  others,  50. 

of  Jesse  Lloyd  and  others,  78. 

of  James  Harnil  and  others,  96. 

of  James  Wright  and  others,  96. 

of  Chas.  Jackson  and  others,  119. 

of  John  S.  Deakin  and  others,  119. 

of  Henry  C.  Blake  and  others,  138. 

of  Henry  O'Connor  and  others,  140. 

or  E,  B.  Hutchirison  and  others,  176. 


399 

PETITION— 

of  J.  W.  Rogers  and  others,  237. 

POSTAGE- 

resolution  respecting  payment  of,  26. 

PRAYER— 

convention  opened  with,  4. 

resolution  respecting   opening  convention  each  morning 

with,  2T. 
PREAMBLE  AND  BILL  OF  RIGHTS— 

report  of  committee  upon,  65,  90. 

committee  of  the  whole  upon,  95,  103. 

report  of  committee  of  the  whole  upon,  103,  105, 106, 
109,  110,  120. 

appointment  of  special  committee  upon  report,  122. 

report  of  special  committee  upon,  244,  257. 

minority  report  of  special  committee  upon,  247. 

report  of  committee  on  revision,  engrossment  and  enroll- 
ment upon,  361. 
PRESIDENT- 

noinination  and  election  of,  pro  tempore,  3. 

permanent  election  of,  10. 

address  of,  upon  taking  his  seat,  10. 

resolution  of  thanks  to,  371. 

address  of,  upon  adjournment  of  convention,  387. 

PREVIOUS  QUESTION— 

when  demanded,  68,  69,  179,  186,  187,  222,  258;  260, 
266,  270,  275,  277,  292,  296,  317,  327,   328, 
332,  345,  348,  385. 
PRINTING— 

appointment  of  committee  to  revise,  &c.,  109. 

PROTEST— 

of  J.  C.  Hall  and  others,  381. 

Q. 

QUAINTANCE,  JOHN— 

appointed  assistant  fireman,  31. 

R. 

REPORT— 

of  committee  on  credentials,  8. 

of  committee  on  reporter  and  debates  and  proceedings,  18. 

33,  36,  46,  55,  66. 
of  committee  on  invitations  of  Dubuque  and  Davenport,  19. 


400 

REPORT— 

of  committee  on  rules,  23,  28. 

of  committee  on  standing  committees,  25. 

of  committee  on  procuring  hall,  31. 

of  committee  on  right  of  suffrage,  40,  119. 

of  committee  on  amendments  to  the  constitution,  41. 

(minority)  of  committee  on  amendments  to  the  constitn* 
tion,  78. 

of  committee  on  distribution  of  powers  and  legislative  de- 
partment, 42,  82,  120. 

of  committee  on  state  debts,  53,  54. 

of  committee  on  preamble  and  bill  of  rights,  65,  90. 

of  committee  on  executive  department,  70,  120. 

of  committee  on  education  and  school  lands,  73,  306. 

(minority)  of  committee  on  education  and  school  lands, 
76,  309. 

of  commitee  on  incorporations,  92,  118. 

of  committee  on  judicial  department,  97,  105,  124,  224, 
227. 

(minority)  of  committee  on  judicial  department,  100, 127, 

of  committee  of  the  whole  on  preamble  and  bill  of  rights, 
103,  105,  106,  109,  110,  120. 

of  special  committee  on  basis  of  representation,  128. 

of  committee  of  the  whole  on  state  debts,  127,  129. 

of  committee  of  the  whole  on  incorporations,  140,  268. 

of  committee  of  the  whole  on  judicial  department,  159, 
161, 169, 184,  190. 

of  committee  of  the  whole  on  distribution  of  powers  and 
legislative  department,  192,  202,  208. 

of  committee  of  the  whole  on  executive  department,  211, 
212. 

of  committee  of  the  whole  on  amendments  to  the  constitu- 
tion, 219. 

of  committee  on  militia,  226,  232. 

of  committee  on  miscellaneous  matter,  237. 

of  special  committee  on  incorporations,  238,  265,  270. 

of  special  committee  on  right  of  suffrage,  240,  313,  317. 

(minority)  of  special  committee  on  right  of  suffrage,  240. 

of  special  committee  on  bill  of  rights,  244,  257. 

(minority)  of  special  committee  on  bill  of  rights,  247. 

of  committee  of  the  whole  on  education  and  school  lands, 
265,  287,  292,  300,  229,  338,  352. 

of  committee  of  the  whole  on  miscellaneous  matter,  279. 

of  special  committee  on  the  permanent  investment  of  the 
school  fund,  297,  298. 


401 

REPORT— 

of  special  committee  on  indexing  debates,  &c.,  299,  325, 

342,  360. 
of  committee  of  the  whole  on  right  of  suffrage,  302,  318, 

324. 
of  special   committee  respecting  the   distribution  of  the 

journal,  343,  361. 

(minority)  of  special  committee  respecting  the  distribu- 
tion of  the  journal,  344. 
of  committee  on  schedule,  322,  353. 
of  secretary  respecting  mileage,  359. 
of  committee  on  revision,  engrossment   and   enrollment, 

(preamble  and  bill  of  rights,)  361. 

(right  of  suffrage,)  362. 

(distribution  of  powers  and  legislative  department,) 
362,  364. 

(seat  of  government  and  state  university,)  368. 

(executive  department,)  368. 

(judicial  department,)  869. 

(militia,)  370. 

(state  debts,)  370. 

(incorporations,)  371. 

(education  and  school  lands,  376. 

(amendments  to  the  constitution,)  377. 

(miscellaneous  matter,)  379. 

(schedule,)  380. 

of  committee  on  expenditures,  373,  383. 
of  committee  on  critical  examination  of  the  constitution, 

386. 
REPORTER— 

resolution  respecting,  70. 
report  of  committee  on,  18. 
furnishing  with  stationery,  &c.,  22. 
resolution  of  thanks  to,  379. 
RESOLUTION— 

respecting  committee  on  credentials,  5. 

designating  officers  of  the  convention,  9. 

to  proceed  to  election  of  officers,  9. 

relative  to  members  taking  oath,  15. 

respecting  rules,  16. 

furnishing  code  of  Iowa,  &c.,  to  members,  16,  22. 

respecting  the  conducting  of  business,  &c.,  16. 

respecting  the  apppointment  of  standing  committees,  16, 

21. 

respecting  newspapers  for  members,  17,  27,  31,  69. 
26 


402 

RESOLUTION— 

respecting  copies  of  constitution  for  members,  17. 

respecting  reporter,  17. 

respecting  invitations  of  Dubuque  and  Davenport,  19. 

admitting  reporters  of  newspapers,  21,  28,  29. 

respecting  committee  on  standing  committees,  22. 

furnishing  reporter  with  stationery,  &c.,  22. 

authorizing  the  purchase  of  Barne's  constitutions,  22. 

respecting  payment  of  postage,  26. 

respecting  opening  sessions  with  prayer.  27. 

authorizing  J.  Teesdale  to  print  rules,  &c.,  28. 

that  names  of  members,  &c.,  be  appended  to  rules,  28. 

relative  to  amending  sec.  16  of  art.  Ill  of  constitution,  29. 

relative  to  meeting  in  supreme  court  r<>om,  29. 

relative  to  incidental  priLiing,  81. 

adopting  and  furnishing  Cusbing's  manual,  81. 

furnishing  convention  wiih  list  of  organized  counties,  32. 

furnishing  convention  with  Parker's  sectional  map,  32. 

for  use  of  hall  for  the  colonization  society,  36. 

furnishing  abstract  of  census,  86. 

respecting  omission  oE  portion  of  debates,  39. 

respecting  judicial  districts,  statement  of  number,  &c.,  43. 

respecting  duty  of  standing  committees,  54. 

relative  to  basis  of:  representation,  62,  64. 

respecting  daily  sessions  of  convention,  64,  102. 

respecting  adjournment  to  senate  chamber,  82. 

respecting  seats  in  senate  chamber,  82. 

furnishing  supreme  court  reports,  90. 

furnishing  account  of  coumy  railroad  indebtedness,  92. 

respecting  a  uniform  mode  of  action  upon  reports  of  stand- 
ing committees,  92. 

appointing  Willis  Conrad  paper-  folder,  92. 

adding  John  II.  Peters  to  standing  committees  on  pream- 
ble and  bill  of  lights,  and  schedule,  92. 

respecting  committee  on.  charitable  insiitutions,  92,  102. 

relative  to  smoking  in  the  chamber,  96. 

authorizing  an  additional  number  of  daily  reports,  109. 

relative  to  number  of  judicial  districts,  128. 

respecting  the  messenger,  129. 

respecting  adjournment,  sine  die,  137,  167,  177,  181, 
352,  361,  364,  875,  387. 

of  thanks  to  citizens  library  association,  161. 

respecting  a  standing  committee  on  revision,  engrossment 
and  enrollment,  167,  176. 

respecting  time,  &c.,  of  speaking,  137,  181, 


403 

RESOLUTION— 

respecting  evening  sessions,  207, 

respecting  the  time  of  reporting  of   standing  and  special 

committees,  219. 

respecting  printing  of  journal,  &c.,  262,  286. 
authorizing  appointment  of  enrolling  clerk,  262. 
respecting  printing  constitution  in  German,  262,  287. 
authorizing   enrolled   copy   of  journal   and  constitution, 

263. 

respecting  compensation  of  officers,  263. 
"  "  of  president,  264. 

"  "  of  chaplain,  264. 

respecting  indexing  debates  and  supplying  members  and 

officers  with  copies,  264,  270. 
respecting  special  committee  on  permanent  investment  of 

school  fund,  270. 
respecting  printing  constitution  in.  Holland  language,  287, 

347. 

respecting  appropriation  of  school  fund,  301. 
"          judicial  districts,  312. 
"          enrolling  journal,  313. 
fc<          addition  to  committee  on  expenditures,  338. 
**          distribution  of  copies  of  German  constitution, 

346. 

respecting  persons  to  distribute  journal,  £c.,  347. 
"          mileage  of  members,  347. 
"          manner  of  ascertaining  mileage,  349. 
"          the  per  diem  of  members,  350. 
"          books  furnished  members,  351. 

consolidation  of  school  funds,  353,  358. 
"          daily  slips  arid  debates,  359. 
authorizing  Willis  Conrad  to  forward  mail  matter,  363. 
of  thanks  to  the  president  of  the  contention,  371. 
authorizing  president  to  retain  chair,  371. 
authorizing  printing  of  two  thousand  copies  of  new  consti- 
tution, 372. 
relative  to  additional  compensation  to  assistant  secretary, 

372. 
authorizing  copies  of:  journal  and  debates  and  proceedings 

to  editors,  375. 

of  thanks  to  the  secretary,  376. 
of  thanks  to  reporters,  379. 
of  thanks  to  officers  of  convention,  379. 
authorizing  payment  of  postage  on  Green's  reports,  382. 
respecting  personal  differences,  387. 


404 

^RESOLUTIONS  OF  INQUIRY— 

[refer  to  "  inquiry."] 

RESOLUTIONS  OF  INSTRUCTION— 

to  committee  on  judicial  department,  283. 
to  committee  on  distribution  of  powers  and  legislative  de- 
partment, 284. 
to  committee  on  schedule,  234. 

RIGHT  OF  SUFFRAGE- 

report  of  committee  upon,  40,  119. 

appointment  of  special  committee  upon,  120. 

report  of  special  committee  upon,  240,  313,  317. 

minority  report  of  special  committee  upon,  240. 

committee  of  the  whole  upon,  252,  254,  256,  301. 

report  of  committee  of  the  whole  upon,  302,  318,  324. 

report  of  committee  on  revision,  engrossment  and  enroll- 
ment upon,  362. 
RULES— 

resolution  respecting,  16,  17. 

report  of  committee  upon,  23. 

notice  of  addition  to,  32,  38,  42,  52, 64,  87, 88,  90, 102, 
X37,  138,  167. 

S. 

SAUNDERS,  THOMAS  J.— 

nominated  and  elected  secretary,  pro  tempore,  3. 

elected  secretary,  permanently,  11. 

resolution  of  thanks  to,  376. 
SCHEDULE— 

resolution  of  instruction  to  committee  upon,  234. 

report  of  committee  upon,  322,  353. 

report  of  committee  on  revision,  engrossment  and  enroll- 
ment upon,  380. 
SCHOOL  FUND— 

resolution  respecting  special  committee  upon,  270. 

appointment  of  special  committee  upon,  270. 

report  of  special  committee  upon,  297,  298. 

resolution  respecting  appropriation  of,  301. 

resolution  respecting  consolidation  of,  353,  358. 

SEAT  OF  GOVERNMENT— 

article  respecting,  313,  326,  368,  370. 

SECRETARY— 

nomination  and  election  of,  pro  tempore,  3. 
permanent  election  of,  11. 


405 

SECRETARY— 

(assistant)  nomination  and  election  of,  pro  tempore,  3. 

permanent  election  of,  12. 
SENATE  CHAMBER— 

resolution  of  adjournment  to,  82. 

committee  to  number  seats  in,  82. 
SERGEANT  -  AT  -  ARMS— 

nomination  and  election  of,  pro  tempore,  3. 

permanent  election  of,  12. 
SESSIONS  OF  CONVENTION— 

resolution  respecting,  64, 102,  207,  270,  287. 
SMOKING- 

resolution  relative  to,  96. 
SPRINGER,  FRANCIS— 

elected  president  of  convention,  10. 

resolution  of  thanks  to,  371. 

resolution  authorizing  him  to  retain  chair,  871. 

STANDING  COMMITTEES— 

resolution  respecting  appointment  of,  16,  21. 

report  of  committee  on,  25. 

appointment  of,  26,  191. 

incorporated  in  rules,  28. 

resolution  respecting,  54. 

additions   to  those  on  militia  and  education  and  school 
lands,  69,  301. 

resolution  respecting  a  uniform  mode  of  action  upon  re- 
ports of,  92. 
STATE  DEBTS— 

report  of  committee  upon,  53,  54. 

committee  of  the  whole  upon,  127. 

report  of  committee  of  the  whole  upon,  127,  129. 

report  of  committee  on  revision,  engrossment  and  enroll- 
ment upon,  370. 
STATE  UNIVERSITY— 

article  respecting,  313,  326,  368,  370. 
SUBSTITUTE— 

for  article  on  education  and  school  lands,  330. 
SUPREME  COURT  REPORTS- 

resolution  furnishing,  90. 

T. 

TEESDALE,  JOHN— 

authorized  to  print  rules,  28. 


406 

TEESDALE,  JOHN— 

authorized  to  do  incidental  printing,  31. 
THOMPSON,  FRANCIS— 

nominated  and  elected  door-keeper,  pro  tempore,  4. 

elected  door-keeper,  permanently,  13. 

TODHUNTER,  LEWIS— 

excused  from  serving  on  standing  committee  on  schedule, 

226. 
added  to  committee  on  education  and  school  lands,  301. 

TROWBRIDGE,  S.  C.— 

nominated  and  elected  sergeant-at-arms,  pro  tempore^  3. 
elected  sergeant-at-arms,  permanently,  12. 


VOTE,  (FINAL)— 

upon  preamble  and  bill  of  rights,  361. 

upon  right  of  suffrage,  362. 

upon  distribution  of  powers  and  legislative  department,  367. 

upon  seat  of  government  and  state  university,  368. 

upon  executive  department,  368. 

upon  judicial  department,  369. 

upon  militia,  370. 

upon  stale  debts,  370. 

upon  incorporations,  371. 

upon  education  and  school  lands,  376. 

upon  amendments  to  the  constitution,  378. 

upon  miscellaneous  matter,  379. 

upon  schedule,  380. 

upon  constitution  as  a  whole,  386. 

w. 

WILSON,  JAMES  F.— 

appointed  on  standing  committee  on  schedule,  227. 


YOUNG,  REV.  MR.— 

first  session  of  convention  opened  with  prayer  by,  4. 


CONSTITUTION. 


WE,  THE  PEOPLE  OP  THE  STATE  OF  IOWA,  grateful  to  the  Supreme 
Being  for  the  blessings  hitherto  enjoyed,  and  feeling  our  dependence 
on  Him  for  a  continuation  of  those  blessings,  do  ordain  and  estab- 
lish a  free  and  independent  government,  by  the  name  of  the  STATE 
OF  IOWA,  the  boundaries  whereof  shall  be  as  follows  : 

Beginning  in  the  middle  of  the  main  channel  of  the  Mississippi  river, 
at  a  point  due  east  of  the  middle  of  the  mouth  of  the  main 
channel  of  the  Des  Moines  river ;  thence  up  the  middle  of  the 
main  channel  of  the  said  Des  Moines  river,  to  a  point  on  said  river 
where  the  northern  boundary  line  of  the  State  of  Missouri — as 
established  by  the  Constitution  of  that  State,  adopted  June  12th, 
1820 — crosses  the  said  middle  of  the  main  channel  of  the  said  Des 
Moines  river  ;  thence  westwardly  along  the  said  northern  boundary 
line  of  the  State  of  Missouri,  as  established  at  the  time  aforesaid,  un- 
til an  extension  of  said  line  intersects  the  middle  of  the  main  channel 
of  the  Missouri  river  ;  thence  up  the  middle  of  the  main  channel  of 
the  said  Missouri  river  to  a  point  opposite  the  middle  of  the  main 
channel  of  the  Big  Sioux  river,  according  to  Nicollett's  map ; 
thence  up  the  main  channel  of,  the  said  Big  Sioux  river,  according 
to  the  said  map,  until  it  is  intersected  by  the  parallel  of  forty- 
three  degrees  and  thirty  minutes  north  latitude ;  thence  east  along 
said  parallel  of  forty -three  degrees  and  thirty  minutes,  until  said 
parallel  intersects  the  middle  of  the  main  channel  of  the  Mississippi 
river ;  thence  down  the  middle  of  the  main  channel  of  the  said 
Mississippi  river  to  the  place  of  beginning. 


ARTICLE  I.— BILL  OF  RIGHTS. 

SECTION  1.  All  men  arc,  by  nature,  free  and  equal,  and  have 
certain  inalienable  rights,  among  which  are  those  of  enjoying  and 
defending  life  and  liberty,  acquiring,  possessing,  and  protecting  pro- 
perty, and  pursuing  and  obtaining  safety  and  happiness. 

SEC.  2.  All  political  power  is  inherent  in  the  people.  Government 
is  instituted  for  the  protection,  security,  and  benefit  of  the  people, 
and  they  have  the  right,  at  all  times,  to  alter  or  reform  the  same, 
whenever  the  public  good  may  require  it. 

SEC.  3.  The  General  Assembly  shall  make  no  law  respecting  an 
establishment  of  religion.,  or  prohibiting  the  free  exercise  thereof ;  nor 
shall  any  person  be  compelled  to  attend  any  place  of  worship,  pay 
tithes,  taxes,  or  other  rate's,  for  building  or  repairing  places  of 
worship,  or  the  maintenance  of  any  minister  or  ministry. 

SEC.  4.  No  religious  test  shall  be  required  as  a  qualification  for 
any  office  or  public  trust,  and  no  person  shall  be  deprived  of  any  of 
his  rights,  privileges  or  capacities,  or  disqualified  from  the  performance 
of  any  of  his  public  or  private  duties,  or  rendered  incompetent  to 
give  evidence  in  any  court  of  law  or  equity,  in  consequence  of  his 
opinions  on  the  subject  of  religion;  and  any  party  to  any  judicial 
proceeding  shall  have  the  right  to  use  as  a  witness,  or  take  the  testi- 
mony of,  any  other  person,  not  disqualified  on  account  of  interest, 
who  may  be  cognizant  of  any  fact  material  to  the  case ;  and  parties  to 
suits  may  be  witnesses,  as  provided  by  law. 

SEC.  5.  Any  citizen  of  this  State  who  may  hereafter  be  engaged, 
either  directly  or  indirectly,  in  a  duel,  either  as  principal  or  accessory 
before  the  fact,  shall  forever  be  disqualified  from  holding  any  office 
under  the  Constitution  and  laws  of  this  State. 

SEC.  6.  All  laws  of  a  general  nature  shall  have  a  uniform  opera- 
tion ;  the  General  Assembly  shall  not  grant  to  any  citizen  or  class  of 
citizens,  privileges  or  immunities,  which  upon  the  same  terms  shall  not 
equally  belong  to  all  citizens. 

SEC.  7.  Every  person  may  speak,  write  and  publish  his  sentiments 
on  all  subjects,  being  responsible  for  the  abuse  of  that  right.  No  law 
shall  be  passed  to  restrain  or  abridge  the  liberty  of  speech,  or  of  the 
press.  In  all  prosecutions  or  indictments  for  libel,  the  truth  may  be 
given  in  evidence  to  the  jury,  and  if  it  appear  to  the  jury  that  the 
matter  charged  as  libelous  was  true,  and  was  published  with  good 
motives  and  for  justifiable  ends,  the  party  shall  be  acquitted. 

SEC.  8.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers  and  effects,  against  unreasonable  seizures  and  searches 
shall  not  be  violated ;  and  no  warrant  shall  issue  but  on  probable 
cause,  supported  by  oath  or  affirmation,  particularly  describing  the 
place  to  be  searched,  and  the  persons  and  things  to  be  seized. 


SEC.  9.  The  right  of  trial  by  jury  shall  remain  inviolate  ;  but  the 
General  Assembly  may  authorize  trial  by  a  jury  of  a  less  number 
than  twelve  men  in  inferior  courts :  but  no  person  shall  be  deprived 
of  life,  liberty,  or  property,  without  due  process  of  law. 

SEC.  10.  In  all  criminal  prosecutions,  and  in  cases  involving  the 
life  or  liberty  of  an  individual,  the  accused  shall  have  a  right  to  a 
speedy  and  public  trial  by  an  impartial  jury ;  to  be  informed  of  the 
accusation  against  him ;  to  have  a  copy  of  the  same  when  demanded ; 
to  be  confronted  with  the  witnesses  against  him ;  to  have  compulsory 
process  for  his  witnesses;  and  to  have  the  assistance  of  counsel. 

SEC.  11.  All  offenses  less  than  felony,  and  in  which  the  punishment 
does  not  exceed  a  fine  of  one  hundred  dollars,  or  imprisonment  for 
thirty  days,  shall  be  tried  summarily  before  a  Justice  of  the  Peace,  or 
other  officer  authorized  by  law,  on  information  under  oath,  without 
indictment,  or  the  intervention  of  a  grand  jury,  saving  to  the  defen- 
dant the  right  of  appeal ;  and  no  person  shall  be  held  to  answer  for 
any  higher  criminal  offense,  unless  on  presentment  or  indictment  by  a 
grand  jury,  except  in  cases  arising  in  the  army  or  navy,  or  in  the 
militia,  when  in  actual  service,  in  time  of  war  or  public  danger. 

SEC.  12.  No  person  shall,  after  acquittal,  be  tried  for  the  same 
offense.  All  persons  shall,  before  conviction,  be  bailable  by  sufficient 
sureties,  except  for  capital  offenses,  where  the  proof  is  evident,  or  the 
presumption  great. 

SEC.  13.  The  writ  of  habeas  corpus  shall  not  be  suspended,  or 
refused  when  application  is  made  as  required  by  law,  unless  in  case  of 
rebellion  or  invasion,  the  public  safety  may  require  it. 

SEC.  14.  The  military  shall  be  subordinate  to  the  civil  power. 
No  standing  army  shall  be  kept  up  by  the  State  in  time  of  peace  ;  and 
in  time  of  war,  no  appropriation  for  a  standing  army  shall  be  for  a 
longer  time  than  two  years. 

SEC.  15.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  th$  owner,  nor  in  time  of  war  except  in 
the  manner  prescribed  by  law. 

SEC.  16.  Treason  against  the  State  shall  consist  only  in  levying 
war  against  it,  adhering  to  its  enemies,  or  giving  them  aid  and  comfort. 
No  person  shall  be  convicted  of  treason,  unless  on  the  evidence  of  two 
witnesses  to  the  same  overt  act,  or  confession  in  open  court. 

SEC.  17..  Excessive  bail  shall  not  be  required  ;  excessive  fines  shall 
not  be  imposed,  and  cruel  and  unusual  punishments  shall  not  be 
inflicted. 

SEC.  18.  Private  property  shall  not  be  taken  for  public  use  without 
just  compensation  first  being  made,  or  secured  to  be  made,  to  the  owner 
thereof,  as  soon  as  the  damages  shall  be  assessed  by  a  jury,  who  shall 
not  take  into  consideration  aL.y  advantages  that  may  result  to  said 
owner  on  account  of  the  improvement  for  which  it  is  taken. 


SEC.  19.  No  person  shall  be  imprisoned  for  debt  in  any  civil 
action,  on  mesne  or  final  process,  unless  in  case  of  fraud ;  and  no 
person  shall  be  imprisoned  for  a  military  fine  in  time  of  peace. 

SEC.  20.  The  people  have  the  right  freely  to  assemble  together  to 
counsel  for  the- common  good  ;  to  make  known  their  opinions  to  their 
representatives,  and  to  petition  for  a  redress  of  grievances. 

SEC.  21.  No  bill  of  attainder,  ex-post-facto  law,  or  law  impairing 
the  obligation  of  contracts,  shall  ever  be  passed. 

SEC.  22.  Foreigners  who  are,  or  may  hereafter  become,  residents 
of  this  State,  shall  enjoy  the  same  rights  in  respect  to  the  possession, 
enjoyment,  and  descent  of  property,  as  native-born  citizens. 

SEC.  23.  There  shall  be  no  slavery  in  this  State ;  nor  shall  there 
be  involuntary  servitude,  unless  for  the  punishment  of  crime. 

SEC.  24.  No  lease  or  grant  of  agricultural  lands,  reserving  any 
rent,  or  service  of  any  kind,  shall  be  valid  for  a  longer  period  than 
twenty  years. 

SEC.  25.  This  enumeration  of  rights  shall  not  be  construed  to 
impair  or  deny  others,  retained  by  the  people. 

ARTICLE  II.— RIGHT  OF  SUFFRAGE. 

SECTION  1.  Every  white  male  citizen  of  the  United  States  of  the 
age  of  twenty-one  years,  who  shall  have  been  a  resident  of  this  State 
six  months  next  preceding  the  election,  and  of  the  county  in  which 
he  claims  his  vote  sixty  days,  shall  be  entitled  to  vote  at  all  elections 
which  are  now  or  hereafter  may  be  authorized  by  law. 

SEC.  2.  Electors  shall,  in  a*ll  cases  except  treason,  felony,  or 
breach  of  the  peace,  be  privileged  from  arrest  on  the  days  of  elec- 
tion, during  their  attendance  at  such  elections,  going  to  and  return- 
ing therefrom. 

SEC.  3.  No  elector  shall  be  obliged  to  perform  military  duty  on 
the  day  of  election,  except  in  time  o£  war  or  public  danger. 

SEC.  4.  No  person  in  the  military,  naval,  or  marine  service  of  the 
United  States  shall  be  considered  a  resident  of  this  State  by  being 
stationed  in  any  garrison,  barrack,  or  military  or  naval  place  or  sta- 
tion within  this  State. 

SEC.  5.  No  idiot  or  insane  person,  or  person  convicted  of  any  infa- 
mous crime,  shall  be  entitled  to  the  privilege  of  an  elector. 

SEC.  6.     All  elections  by  the  people  shall  be  by  ballot. 

ARTICLE  III.— OF  THE  DISTRIBUTION  OF  POWERS. 

SECTION  1.  The  powers  of  the  government  of  Iowa  shall  be  divided 
into  three  separate  departments  :  The  Legislative,  the  Executive 
and  the  Judicial ;  and  no  peraon  charged  with  the  exercise  of  powers 


properly  belonging  to  one  of  these  departments  shall  exercise  any 
function  appertaining  to  either  of  the  others,  except  in  cases  herein- 
after expressly  directed  or  permitted. 

LEGISLATIVE  DEPARTMENT. 

SECTION  1.  The  Legislative  authority  of  this  State  shall  be  vested 
in  a  General  Assembly,  which  shall  consist  of  a  Senate  and  House  of 
Representatives  ;  and  the  style  of  every  law  shall  be  :  "Be  it  enacted 
by  the  General  Assembly  of  the  State  of  Iowa." 

SEC.  2.  The  sessions  of  the  General  Assembly  shall  be  biennial, 
and  shall  commence  on  the  second  Monday  in  January  next  ensuing 
the  election  of  its  members ;  unless  the  Governor  of  the  State  shall, 
in  the  meantime,  convene  the  General  Assembly  by  proclamation. 

SEC.  3.  The  members  of  the  House  of  Representatives  shall  be 
chosen  every  second  year,  by  the  qualified  electors  of  their  respective 
districts,  on  the  second  Tuesday  in  October,  except  the  years  of  the 
Presidential  election,  when  the  election  shall  be  on  the  Tuesday  next 
after  the  first  Monday  in  November  ;  and  their  term  of  office  shall 
commence  on  the  first  day  of  January  next  after  their  election,  and 
continue  two  years,  and  until  their  successors  are  elected  and 
qualified. 

SEC.  4.  No  person  shall  be  a  member  of  the  House  of  Represen- 
tatives who  shall  not  have  attained  the  age  of  twenty-one  years,  be»a 
free  white  male  citizen  of  the  United  States,  and  shall  have  been  an 
inhabitant  of  this  State  one  year  next  preceding  his  election,  and  at 
the  time  of  his  election  shall  have  had  an  actual  residence  of  sixty 
days  in  the  county  or  district  he  may  have  been  chosen  to  represent. 

SEC.  5.  Senators  shall  be  chosen  for  the  term  of  four  years,  at 
the  same  time  and  place  as  Representatives  ;  they  shall  be  twenty- 
five  years  of  age,  and  possess  the  qualifications  of  Representatives  as 
to  residence  and  citizenship. 

SEC.  6.  The  number  of  Senators  shall  not  be  less  than  one-third, 
nor  more  than  one-half  the  Representative  body  ;  and  shall  be  so 
classified  by  lot,  that  one  class  being  as  nearly  one-half  as  possible, 
shall  be  elected  every  two  years.  When  the  number  of  Senators  is 
increased,  they  shall  be  annexed  by  lot  to  ohe  or  the  other  of  the  two 
classes,  so  as  to  keep  them  as  nearly  equal  in  numbers  as  practicable. 

SEC.  7.  Each  House  shall  choose  its  own  officers,  and  judge  of  the 
qualification,  election,  and  return  of  its  own  members.  A  contested 
election  shall  be  determined  in  such  manner  as  shalf  be  directed  by 
law. 

SEC.  8.  A  majority  of  each  House  shall  constitute  a  quorum  to 
transact  business ;  but  a  smaller  number  may  adjourn  from  day  to 


8 

day,  and  may  compel  the  attendance  of  absent  members  in  such 
manner  and  under  such  penalties  as  each  House  may  provide. 

SEC.  9.  Each  House  shall  sit  upon  its  own  adjournments,  keep  a 
journal  of  its  proceedings,  and  publish  the  same  ;  determine  its  rules 
of  proceedings,  punish  members  for  disorderly  behavior,  and,  with  the 
consent  of  two-thirds,  expel  a  member,  but  not  a  second  time  for  the 
same  offense  ;  and  shall  have  all  other  powers  necessary  for  a  branch 
of  the  General  Assembly  of  a  free  and  independent  State. 

SEC.  10.  Every  member  of  the  General  Assembly  shall  have  the 
liberty  to  dissent  from  or  protest  against  any  act  or  resolution  which 
he  may  think  injurious  to  the  public  or  an  individual,  and  have  the 
reasons  for  his  dissent  entered  on  the  journals  ;  and  the  yeas  and 
nays  of  the  members  of  either  House,  on  any  question,  shall,  at  the 
desire  of  any  two  members  present,  be  entered  on  the  journals. 

SEC.  11.  Senators  and  Representatives,  in  all  cases,  except 
treason,  felony,  or  breach  of  the  peace,  shall  be  privileged  from  arrest 
during  the  session  of  the  General  Assembly,  and  in  going  to  and 
returning  from  the  same. 

SEC.  12.  When  vacancies  occur  in  either  House,  the  Governor,  or 
the  person  exercising  the  functions  of  Governor,  shall  issue  writs  of 
election  to  fill  such  vacancies. 

SEC.  13.  The  doors  of  each  House  shall  be  open,  except  on  such 
occasions  as,  in  the  opinion  of  the  House,  may  require  secrecy. 

SEC.  14.  Neither  House  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that  in 
which  they  may  be  sitting. 

SEC.  15.  Bills  may  originate  in  either  House,  and  may  be 
amended,  altered,  or  rejected  by  the  other ;  and  every  bill  having 
passed  both  Houses,  shall  be  signed  by  the  Speaker  and  President 
of  their  respective  Houses. 

SEC.  16.  Every  bill  which  shall  have  passed  the  General  Assem- 
bly, shall,  before  it  becomes  a  law,  be  presented  to  the  Governor. 
If  he  approve,  he  shall  sign  it ;  but  if  not,  he  shall  return  it  with  his 
objections,  to  the  House  in  which  it  originated,  which  shall  enter  the 
same  upon  their  journal,  and  proceed  to  reconsider  it;  if,  after  such 
reconsideration,  it  again  pass  both  Houses,  by  yeas  and  nays,  by  a 
majority  of  two-thirds  of  the  members  of  each  House,  it  shall  become 
a  law,  notwithstanding  the  Governor's  objections.  If  any  bill  shall 
not  be  returned  within  three  days  after  it  shall  have  been  presented  to 
him,  (Sunday  excepted),  the  same  shall  be  a  law  in  like  manner  as  if 
he  had  signed,  it,  unless  the  General  Assembly,  by  adjournment, 
prevent  such  return.  Any  bill  submitted  to  the  Governor  for  his 
approval  during  the  last  three  days  of  a  session  of  the  General 
Assembly,  shall  be  deposited  by  him  in  the  office  of  the  Secretary  of 
State  within  thirty  days  after  the  adjournment,  with  his  approval  if 


•       9 

approved  by  him,  and  with  his  objections  if  he  disapproves  thereof. 

SEC.  x  17.  No  bill  shall  be  passed  unless  by  the  assent  of  a  majority 
of  all  the  members  elected  to  each  branch  of  the  General  Assembly, 
and  the  question  upon  the  final  passage  shall  be  taken  immediately 
upon  its  last  reading,  and  the  yeas  and  nays  entered  on  the  journal. 

SEC.  18.  An  accurate  statement  of  the  receipts  and  expenditures 
of  the  public  money  shall  be  attached  to  and  published  with  the  laws 
at  every  regular  session  of  the  General  Assembly. 

SEC.  19.  The  House  of  Representatives  shall  have  the  sole  power 
of  impeachment,  and  all  impeachments  shall  be  tried  by  the  Senate. 
When  sitting  for  that  purpose,  the  Senators  shall  be  upon  oath  or 
affirmation  ;  and  no  person  shall  be  convicted  without  the  concurrence 
of  two-thirds  of  the  members  present. 

SEC.  20.  The  Governor,  Judges  of  the  Supreme  and  District 
Courts,  and  other  State  officers,  shall  be  liable  to  impeachment  for  any 
misdemeanor  or  malfeasance  in  office ;  but  judgment  in  such  cases 
shall  extend  only  to  removal  from  office,  and  disqualification  to  hold 
any  office  of  honor,  trust,  or  profit  under  this  State  ;  but  the  party 
convicted  or  acquitted  shall  nevertheless  be  liable  to  indictment,  trial, 
and  punishment  according  to  law.  All  other  civil  officers  shall  be 
tried  for  misdemeanors  and  malfeasance  in  office,  in  such  manner  as 
the  General  Assembly  may  provide. 

SEC.  21.  No  Senator  or  Representative  shall,  during  the  time  for 
which  he  shall  have  been  elected,  be  appointed  to  any  civil  office  of 
profit  under  this  State,  which  shall  have  been  created,  or  the  emolu- 
ments of  which  shall  have  been  increased  during  such  term,  except 
such  offices  as  may  be  filled  by  elections  by  the  people. 

SEC.  22.  No  person  holding  any  lucrative  office  under  the  United 
States,  or  this  State,  or  any  other  power,  shall  be  eligible  to  hold  a 
seat  in  the  General  Assembly  :  But  offices  in  the  militia,  to  which 
there  is  attached  no  annual  salary,  or  the  office  of  justice  of  the  peace, 
or  postmaster,  whose  compensation  does  not  exceed  one  hundred  dol- 
lars per  annum,  or  notary  public,  shall  not  be  deemed  lucrative. 

SEC.  23.  No  person  who  may  hereafter  be  a  collector  or  holder  of 
public  moneys,  shall  have  a  seat  in  either  house  of  the  General  Assem- 
bly, or  be  eligible  to  hold  any  office  of  trust  or  profit  in  this  State, 
until  he  shall  have  accounted  for  and  paid  into  the  treasury  all  sums 
for  which  he  may  be  liable. 

SEC.  24.  No  money  shall  be  drawn  from  the  treasury  but  in  con- 
sequence of  appropriations  made  by  law. 

SEC.  25.  Each  member  of  the  first  General  Assembly  under  this 
Constitution  shall  receive  three  dollars  per  diem  while  in  session  ;  and 
the  further  sum  of  three  dollars  for  every  twenty  miles  traveled  in 
going  to  and  returning  from  the  place  where  such  session  is  held,  by 
the  nearest  traveled  route ;  after  which  they  shall  receive  such  com- 


10 

pensation  as  shall  be  fixed  by  law  ;  but  no  General  Assembly  shall 
have  the  power  to  increase  the  compensation  of  its  own  members. 
And  when  convened  in  extra  session  they  shall  receive  the  same 
mileage  and  per-diem  compensation  as  fixed  by  law  for  the  regular 
session,  and  none  other. 

SEC.  26.  No  law  of  the  General  Assembly,  passed  at  a  regular 
session,  of  a  public  nature,  shall  take  effect  until  the  fourth  day  of 
July  next  after  the  passage  thereof.  Laws  passed  at  a  special  session 
shall  take  effect  ninety  days  after  the  adjournment  of  the  General 
Assembly  by  which  they  were  passed.  If  the  General  Assembly 
shall  deem  any  law  of  immediate  importance,  they  may  provide  that 
the  same  shall  take  effect  by  publication  in  newspapers  in  the  State. 

SEC.  27.     No  divorce  shall  be  granted  by  the  General  Assembly. 

SEC.  28.  No  lottery  shall  be  authorized  by  this  State ;  nor  shall 
the  sale  of  lottery  tickets  be  allowed. 

SEC.  29.  Every  act  shall  embrace  but  one  subject,  and  matters 
properly  connected  therewith ;  which  subject  shall  be  expressed  in 
the  title.  But  if  any  subject  shall  be  embraced  in  an  act  which  shall 
not  be  expressed  in  the  title,  such  act  shall  be  void  only  as  to  so 
much  thereof  as  shall  not  be  expressed  in  the  title. 

SEC.  30.  The  General  Assembly  shall  not  pass  local  or  special 
laws  in  the  following  cases : 

For  the  assessment  and  collection  of  taxes  for  State,  county,  or 
road  purposes  ; 

For  laying  out,  opening,  and  working  roads  or  highways ; 

For  changing  the  names  of  persons  ; 

For  the  incorporation  of  cities  and  towns ; 

For  vacating  roads,  town  plats,  streets,   alleys,  or  public  squares ; 

For  locating  or  changing  county  seats. 

In  all  the  cases  above  enumerated,  and  in  all  other  cases  where  a 
general  law  can  be  made  applicable,  all  laws  shall  be  general,  and 
of  uniform  operation  throughout  the  State ;  and  no  law  changing  the 
boundary  lines  of  any  county  shall  have  effect  until  upon  being  sub- 
mitted to  the  people  of  the  counties  affected  by  the  change,  at  a 
general  election,  it  shall  be  approved  by  a  majority  of  the  votes  in 
each  county,  cast  for  and  against  it. 

SEC.  31.  No  extra  compensation  shall  be  made  to  any  officer, 
public  agent,  or  contractor,  after  the  service  shall  have  been  rendered, 
or  the  contract  entered  into ;  nor  shall  any  money  be  paid  on  any 
claim,  the  subject  matter  of  which  shall  not  have  been  provided  for 
by  pre-existing  laws,  and  no  public  money  or  property  shall  be  appro- 
priated for  local,  or  private  purposes,  unless  such  appropriation,  com- 
pensation, or  claim,  be  allowed  by  two-thirds  of  the  members  elected 
to  each  branch  of  the  General  Assembly. 

SBC.  32.     Members  of  the  General  Assembly  shall,  before  they 


11 

enter  upon  the  duties  of  their  respective  offices,  take  and  subscribe 
the  following  oath  or  affirmation  :  "I  do  solemnly  swear,  (or  affirm, 
as  the  case  may  be,)  that  I  will  support  the  Constitution  of  the 
United  States,  and  the  Constitution  of  the  State  of  Iowa,  and  that 
I  will  faithfully  discharge  the  duties  of  Senator,  (or  Representative, 
as  the  case  may  be,)  according  to  the  best  of  my  ability."  And 
members  of  the  General  Assembly  are  hereby  empowered  to  admin- 
ister to  each  other  the  said  oath  or  affirmation. 

SEC.  -33.  The  General  Assembly  shall,  in  the  years  one  thou- 
sand eight  hundred  and  fifty-nine,  one  thousand  eight  hundred  and 
sixty-three,  one  thousand  eight  hundred  and  sixty-five,  one  thousand 
eight  hundred  and  sixty-seven,  one  thousand  eight  hundred  and 
sixty-nine,  and  onethousan  deight  hundred  and  seventy-five,  and  every 
ten  years  thereafter,  cause  an  enumeration  to  be  made  of  all  the 
white  inhabitants  of  the  State. 

SEC,  34.  The  number  of  Senators  shall,  at  the  next  session  fol- 
lowing each  period  of  making  such  enumeration,  and  the  next  session 
following  each  United  States  census,  be  fixed  by  law,  and  apportioned 
among  the  several  counties  according  to  the  number  of  white  inhabit- 
ants in  each. 

SEC.  35.  The  Senate  shall  not  consist  of  more  than  fifty  members, 
nor  the  House  of  Representatives  of  more  than  one  hundred ;  and 
they  shall  be  apportioned  among  the  several  counties  and  representa- 
tive districts  of  the  State  according  to  the  number  of  white  inhabit- 
ants in  each,  upon  ratios  to  be  fixed  by  law ;  but  no  representative 
district  shall  contain  more  than  four  organized  counties,  and  each 
district  shall  be  entitled  to  at  least  one  Representative.  Every 
county  and  district  which  shall  have  a  number  of  inhabitants  equal  to 
one  half  of  the  ratio  fixed  by  law,  shall  be  entitled  to  one  Represen- 
tative ;  and  any  one  county  containing  in  addition  to  the  ratio  fixed 
by  law  one  half  of  that  number,  or  more,  shall  be  entitled  to  one 
additional  Representative.  No  floating  district  shall  hereafter  be 
formed. 

SEC.  36.  At  its  first  session  under  this  Constitution,  and  at  every 
subsequent  regular  session,  the  General  Assembly  shall  fix  the  ratio 
of  representation,  and  also  form  into  representative  districts  those 
counties  which  will  not  be  entitled  singly  to  a  Representative. 

SEC.  37.  When  a  Congressional,  Senatorial,  or  Representative 
district  shall  be  composed  of  two  or  more  counties,  it  shall  not  be 
entirely  separated  by  any  county  belonging  to  another  district ;  and 
no  county  shall  be  divided  in  forming  a  Congressional,  Senatorial,  or 
Representative  district. 

SEC.  38.  In  all  elections  by  the  General  Assembly,  the  members 
thereof  shall  vote  viva-voce ;  and  the  votes  shall  be  entered  on  the 
journal. 


12 
ARTICLE  IV.— EXECUTIVE  DEPARTMENT. 

SECTION  1.  The  supreme  executive  power  of  this  State  shall  be 
vested  in  a  Chief  Magistrate,  who  shall  be  styled  the  Governor  of  the 
State  of  Iowa. 

SEC.  2.  The  Governor  shall  be  elected  by  the  qualified  electors  at 
the  time  and  place  of  voting  for  members  of  the  General  Assembly, 
and  shall  hold  his  office  two  years,  from  the  time  of  his  installation, 
and  until  his  successor  is  elected  and  qualified. 

SEC.  3.  There  shall  be  a  Lieutenant  Governor,  who  shall  hold  his 
office  two  years,  and  be  elected  at  the  same  time  as  the  Governor.  In 
voting  for  Governor  and  Lieutenant  Governor,  the  electors  shall 
designate  for  whom  they  vote  as  Governor,  and  for  whom  as  Lieutenant 
Governor.  The  returns  of  every  election  for  Governor,  and  Lieuten- 
ant Governor,  shall  be  sealed  up  and  transmitted  to  the  seat  of 
government  of  the  State,  directed  to  the  Speaker  of  the  House  of 
Representatives,  who  shall  open  and  publish  them  in  the  presence  of 
both  Houses  of  the  General  Assembly. 

SEC.  4.  The  persons  respectively  having  the  highest  number  of 
votes  for  Governor,  and  Lieutenant  Governor,  shall  be  declared  duly 
elected ;  but  in  case  two  or  more  persons  shall  have  an  equal,  and  the 
highest  number  of  votes  for  either  office,  the  General  Assembly  shall, 
by  joint  vote,  forthwith  proceed  to  elect  one  of  said  persons  Governor, 
or  Lieutenant  Governor,  as  the  case  may  be. 

SEC.  5.  Contested  elections  for  Governor,  or  Lieutenant  Governor, 
shall  be  determined  by  the  General  Assembly  in  such  manner  as  may 
be  prescribed  by  law. 

SEC.  6.  No  person  shall  be  eligible  to  the  office  of  Governor,  or 
Lieutenant  Governor,  who  shall  not  have  been  a  citizen  of  the  United 
States,  and  a  resident  of  the  State  two  years  next  preceding  the 
election,  and  attained  the  age  of  thirty  years  at  the  time  of  said 
election. 

SEC.  7.  The  Governor  shall  be  commander-in-chief  of  the  militia, 
the  army,  and  navy  of  this  State. 

SEC.  8.  He  shall  transact  all  executive  business  with  the  officers 
of  government,  civil  and  military,  and  may  require  information  in 
writing  from  the  officers  of  the  Executive  Department  upon  any 
subject  relating  to  the  duties  of  their  respective  offices. 

SEC.  9.     He  shall  take  care  that  the  laws  are  faithfully  executed. 

SEC.  10.  When  any  office  shall,  from  any  cause,  become  vacant,  and 
no  mode  is  provided  by  the  Constitution  and  laws  for  filling  such 
vacancy,  the  Governor  shall  have  power  to  fill  such  vacancy,  by 
granting  a  commission,  which  shall  expire  at  the  end  of  the  next 
session  of  the  General  Assembly,  or  at  the  next  election  by  the 
people. 


18 

SEC.  11.  He  may,  on  extraordinary  occasions,  convene  the  Gen- 
eral Assembly  by  proclamation,  and  shall  state  to  both  houses,  when 
assembled,  the  purpose  for  which  they  shall  have  been  convened. 

SEC.  12.  He  shall  communicate,  by  message,  to  the  General  As- 
sembly, at  every  regular  session,  the  condition  of  the  State,  and 
recommend  such  matters  as  he  shall  deem  expedient. 

SEC.  13.  In  case  of  disagreement  between  the  two  Houses  with 
respect  to  the  time  of  adjournment,  the  Governor  shall  have  power 
to  adjourn  the  General  Assembly  to  such  time  as  he  may  think 
proper ;  but  no  such  adjournment  shall  be  beyond  the  time  fixed  for 
the  regular  meeting  of  the  next  General  Assembly. 

SEC.  14.  No  person  shall,  while  holding  any  office  under  the  au- 
thority of  the  United  States,  or  this  State,  execute  the  office  of 
Governor,  or  Lieutenant  Governor,  except  as  hereinafter  expressly 
provided. 

SEC.  15.  The  official  term  of  the  Governor,  and  Lieutenant  Gov- 
ernor, shall  commence  on  the  second  Monday  of  January  next  after 
their  election,  and  continue  for  two  years,  and  until  their  successors 
are  elected  and  qualified.  The  Lieutenant  Governor,  while  acting  as 
Governor,  shall  receive  the  same  pay  as  provided  for  Governor  ;  and 
while  presiding  in  the  Senate,  shall  receive  as  compensation  therefor, 
the  same  mileage  and  double  the  per-diem  pay  provided  for  a  Senator, 
and  none  other. 

SEC.  16.  The  Governor  shall  have  power  to  grant  reprieves,  com- 
mutations and  pardons,  after  conviction,  for  all  offences  except 
treason  and  cases  of  impeachment,  subject  to  such  regulations  as  may 
be  provided  by  law.  Upon  conviction  for  treason,  he  shall  have  power 
to  suspend  the  execution  of  the  sentence  until  the  case  shall  be  re- 
ported to  the  General  Assembly  at  its  next  meeting,  when  the  Gen- 
eral Assembly  shall  either  grant  a  pardon,  commute  the  sentence, 
direct  the  execution  of  the  sentence^  or  grant  a  further  reprieve.  He 
shall  have  power  to  remit  fines  and  forfeitures,  under  such  regulations 
as  may  be  prescribed  by  law  ;  and  shall  report  to  the  General  Assem- 
bly, at  its  next  meeting,  each  case  of  reprieve,  commutation,  or  par- 
don granted,  and  the  reasons  therefor ;  and  also  all  persons"  in  whose 
favor  remission  of  fines  and  forfeitures  shall  have  been  made,  and 
the  several  amounts  remitted. 

SEC.  17.  In  case  of  the  death,  impeachment,  resignation,  re- 
moval from  office,  or  other  disability  of  the  Governor,  the  powers  and 
duties  of  the  office  for  the  residue  of  the  term,  or  until  he  shall  be  ac- 
quitted, or  the  disability  removed,  shall  devolve  upon  the  Lieutenant 
Governor. 

SEC.  18.  The  Lieutenant  Governor  shall  be  President  of  the 
Senate,  but  shall  only  vote  when  the  Senate  is  equally  divided ;  and 
in  case  of  his  absence,  or  impeachment,  or  when  he  shall  exercise  the 


14 

office  of  Governor,  the  Senate  shall  choose  a  President  pro  tempore. 

SEC.  19.  If  the  Lieutenant  Governor,  while  acting  as  Governor, 
shall  be  impeached,  displaced,  resign,  or  die,  or  otherwise  become  in- 
capable of  performing  the  duties  of  the  office,  the  President  pro 
tempore  of  the  Senate  shall  act  as  Governor  until  the  vacancy  is 
filled,  or  the  disability  removed ;  and  if  the  President  of  the  Senate, 
for  any  of  the  above  causes,  shall  be  rendered  incapable  of  perform- 
ing the  duties  pertaining  to  the  office  of  Governor,  the  same  shall 
devolve  upon  the  Speaker  of  the  House  of  Representatives. 

SEC.  20.  There  shall  be  a  seal  of  this  State,  which  shall  be  kept 
by  the  Governor,  and  used  by  him  officially,  and  shall  be  called  the 
Great  Seal  of  the  State  of  Iowa. 

SEC.  21.  All  grants  and  commissions  shall  be  in  the  name  and  by 
the  authority  of  the  people  of  the  State  of  Iowa,  sealed  with  the 
Great  Seal  of  the  State,  signed  by  the  Governor,  and  countersigned 
by  the  Secretary  of  State. 

SEC.  22.  A  Secretary  of  State,  Auditor  of  State,  and  Treasurer 
of  State,  shall  be  elected  by  the  qualified  electors,  who  shall  continue 
in  office  two  years,  and  until  their  successors  are  elected  and  quali- 
fied; and  perform  such  duties  as  may  be  required  by  law. 

ARTICLE  V.— JUDICIAL  DEPARTMENT. 

SECTION  1.  The  judicial  power  shall  be  vested  in  a  Supreme  Court, 
District  Court,  and  such  other  Courts,  inferior  to  the  Supreme  Court, 
as  the  General  Assembly  may,  from  time  to  time,  establish. 

SEC.  2.  The  Supreme  Court  shall  consist  of  three  Judges,  two  of 
whom  shall  constitute  a  quorum  to  hold  Court. 

SEC.  3.  The  Judges  of  the  Supreme  Court  shall  be  elected  by  the 
qualified  electors  of  the  State,  an^l  shall  hold  their  Court  at  such  time 
and  place  as  the  General  Assembly  may  prescribe.  The  Judges  of 
the  Supreme  Court  so  elected,  shall  be  classified  so  that  one  Judge 
shall  go  out  of  office  every  two  years ;  and  the  Judge  holding  the 
shortest  term  of  office  under  such  classification,  shall  be  Chief  Justice 
of  the  Court  during  his  term,  and  so  on  in  rotation.  After  the  expi- 
ration of  their  terms  of  office,  under  such  classification,  the  term  of 
each  Judge  of  the  Supreme  Court  shall  be  six  years,  and  until  his 
successor  shall  have  been  elected  and  qualified.  The  Judges  of  the 
Supreme  Court  shall  be  ineligible  to  any  other  office  in  the  State, 
during  the  term  for  which  they  shall  have  been  elected. 

SEC.  4.  The  Supreme  Court  shall  have  appellate  jurisdiction  only 
in  cases  in  chancery,  and  shall  constitute  a  Court  for  the  correction 
of  errors  at  law,  under  such  restrictions  as  the  General  Assembly  may 
by  law  prescribe ;  and  shall  have  power  to  issue  all  writs  and  process 


15 

necessary  to  secure  justice  to  parties,  and  exercise  a  supervisory  con- 
trol over  all  inferior  judicial  tribunals  throughout  the  State. 

SEC.  5.  The  District  Court  shall  consist  of  a  single  Judge,  who 
shall  be  elected  by  the  qualified  electors  of  the  District  in  which  he 
resides.  The  Judge  of  the  District  Court  shall  hold  his  office  for  the 
term  of  four  years,  and  until  his  successor  shall  have  been  elected  and 
qualified ;  and  shall  be  ineligible  to  any  other  office,  except  that  of 
Judge  of  the  Supreme  Court,  during  the  term  for  which  he  was  elected. 

SEC.  6.  The  District  Court  shall  be  a  Court  of  law  and  equity, 
which  shall  be  distinct  and  separate  jurisdictions,  and  have  jurisdic- 
tion in  civil  and  criminal  matters  arising  in  their  respective  districts, 
in  such  manner  as  shall  be  prescribed  by  law. 

SEC.  7.  The  Judges  of  the  Supreme  and  District  Courts  shall  be 
conservators  of  the  peace  throughout  the  State. 

SEC.  8.  The  style  of  all  process  shall  be,  "The  State  of  Iowa," 
and  all  prosecutions  shall  be  conducted  in  the  name  and  by  the  author- 
ity of  the  same. 

SEC.  9.  The  salary  of  each  Judge  of  the  Supreme  Court  shall  be 
two  thousand  dollars  per  annum  ;  and  that  of  each  District  Judge  one 
thousand  six  hundred  dollars  per  annum,  until  the  year  eighteen  hun- 
dred and  sixty ;  after  which  time  they  shall  severally  receive  such 
compensation  as  the  General  Assembly  may,  by  law,  prescribe  ;  which 
compensation  shall  not  be  increased  or  diminished  during  the  term  for 
which  theys  hall  have  been  elected. 

SEC.  10.  The  State  shall  be  divided  into  eleven  Judicial  Districts  ; 
and  after  the  year  eighteen  hundred  and  sixty,  the  General  Assembly 
may  re-organize  the  Judicial  Districts,  and  increase  or  diminish  the 
number  of  Districts,  or  the  number  of  Judges  of  the  said  Court,  and 
may  increase  the  number  of  Judges  of  the  Supreme  Court ;  but  such 
increase  or  diminution  shall  not  be  more  than  one  District,  or  one 
Judge  of  either  Court,  at  any  one  session ;  and  no  re-organization  of 
the  Districts,  or  diminution  of  the  number  of  Judges,  shall  have  the 
effect  of  removing  a  Judge  from  office.  Such  re-organization  of 
the  Districts,  or  any  change  in  the  boundaries  thereof,  or  increase 
or  diminution  of  the  number  of  Judges,  shall  take  place  every  four 
years  thereafter,  if  necessary,  and  at  no  other  time. 

SEC.  11.  The  Judges  of  the  Supreme  and  District  Courts  shall  be 
chosen  at  the  general  election ;  and  the  term  of  office  of  each  Judge 
shall  commence  on  the  first  day  of  January,  next  after  his  election. 

SEC.  12.  The  General  Assembly  shall  provide,  by  law,  for  the  elec- 
tion of  an  Attorney  General  by  the  people,  whose  term  of  office  shall 
be  two  years,  and  until  his  successor  shall  have  been  elected  and 
qualified. 

SEC.  13.  The  qualified  electors  of  each  Judicial  District  shall,  at 
the  time  of  the  election  of  District  Judge?  elect  a  District  Attorney 


16 

who  shall  be  a  resident  of  the  District  for  which  he  is  elected,  and  who 
shall  hold  his  office  for  the  term  of  four  years,  and  until  his  successor 
shall  have  been  elected  and  qualified. 

SEC.  14.  It  shall  be  the  duty  of  the  General  Assembly  to  provide 
for  the  carrying  into  effect  of  this  article,  and  to  provide  for  a  general 
system  of  practice  in  all  the  Courts  of  this  State. 

ARTICLE  VI.— MILITIA. 

SECTION  1.  The  militia  of  this  State  shall  be  composed  of  all  able- 
bodied  white  male  citizens,  between  the  ages  of  eighteen  and  forty- 
five  years,  except  such  as  are  or  may  hereafter  be  exempt  by  the  laws 
of  the  United  States,  or  of  this  State ;  and  shall  be  armed,  equipped, 
and  trained,  as  the  General  Assembly  may  provide  by  law. 

SEC.  2.  No  person  or  persons  conscientiously  scrupulous  of  bear- 
ing arms  shall  be  compelled  to  do  military  duty  in  time  of  peace : 
Provided,  That  such  person  or  persons  shall  pay  an  equivalent  for 
such  exemption  in  the  same  manner  as  other  citizens. 

SEC.  3.  All  commissioned  officers  of  the  militia  (staff  officers  ex- 
cepted)  shall  be  elected  by  the  persons  liable  to  perform  military  duty, 
and  shall  be  commissioned  by  the  Governor. 

ARTICLE  VII.— STATE  DEBTS. 

SECTION  1.  The  credit  of  the  State  shall  not,  in  any  manner,  be 
given  or  loaned  to,  or  in  aid  of,  any  individual,  association,  or  corpo- 
ration ;  and  the  State  shall  never  assume,  or  become  responsible  for, 
the  debts  or  liabilities  of  any  individual,  association,  or  corporation, 
unless  incurred  in  time  of  war  for  the  benefit  of  the  State. 

SEC.  2.  The  State  may  contract  debts  to  supply  casual  deficits  or 
failures  in  revenues,  or  to  meet  expenses  not  otherwise  provided  for ; 
but  the  aggregate  amount  of  such  debts,  direct  and  contingent,  whether 
contracted  by  virtue  of  one  or  more  acts  of  the  General  Assembly,  or 
at  different  periods  of  time,  shall  never  exceed  the  sum  of  two  hundred 
and  fifty  thousand  dollars ;  and  the  money  arising  from  the  creation 
of  such  debts,  shall  be  applied  to  the  purpose  for  which  it  was  ob- 
tained, or  to  repay  the  debts  so  contracted,  and  to  no  other  purpose 
whatever. 

SEC.  3.  All  losses  to  the  permanent,  School,  or  University  fund  of 
this  State,  which  shall  have  been  occasioned  by  the  defalcation,  mis- 
management, or  fraud  of  the  agents  or  officers  controlling  and  manag- 
ing the  same,  shall  be  audited  by  the  proper  authorities  of  the  State. 
The  amount  so  audited  shall  be  a  permanent  funded  debt  against  the 
State,  in  favor  of  the  respective  fund,  sustaining  the  loss,  upon  which 
not  less  than  six  per  cent,  annual  interest  shall  be  paid.  The  amount 


17 

of  liability  so  created  shall  not  be  counted  as  a  part  of  the  indebted- 
ness authorized  by  the  second  section  of  this  article. 

SEC.  4.  In  addition  to  the  above  limited  power  to  contract  debts, 
the  State  may  contract  debts  to  repel  invasion,  suppress  insurrection, 
or  defend  the  State  in  war ;  but  the  money  arising  from  the  debts  so 
contracted  shall  be  applied  to  the  purpose  for  which  it  was  raised,  or 
to  repay  such  debts,  and  to  no  other  purpose  whatever. 

SEC.  5.  Except  the  debts  herein  before  specified  in  this  article,  no 
debt  shall  be  hereafter  contracted  by,  or  on  behalf  of  this  State,  unless 
such  debt  shall  be  authorized  by  some  law  for  some  single  work  or  ob- 
ject, to  be  distinctly  specified  therein  ;  and  such  law  shall  impose  and 
provide  for  the  collection  of  a  direct  annual  tax,  sufficient  to  pay  the 
interest  on  such  debt,  as  it  falls  due,  and  also  to  pay  and  discharge  the 
principal  of  such  debt,  within  twenty  years  from  the  time  of  the 
contracting  thereof;  but  no  such  law  shall  take  effect  until  at  a  general 
election  it  shall  have  been  submitted  to  the  people,  and  have  received 
a  majority  of  all  the  votes  cast  for  and  against  it  at  such  election  ;  and 
all  money  raised  by  authority  of  such  law,  shall  be  applied  only  to 
the  specific  object  therein  stated,  or  to  the  payment  of  the  debt  crea- 
ted thereby ;  and  such  law  shall  be  published  in  at  least  one  newspa- 
per in  each  county,  if  one  is  published  therein,  throughout  the  State, 
for  three  months  preceding  the  election  at  which  it  is  submitted  to  the 
people. 

SEC.  6.  The  Legislature  may,  at  any  time,  after  the  approval  of 
such  law  by  the  people,  if  no  debt  shall  have  been  contracted  in  pur- 
suance thereof,  repeal  the  same ;  and  may  at  any  time  forbid  the  con- 
tracting of  any  further  debt,  or  liability,  under  such  law  ;  but  the  tax 
imposed  by  such  law,  in  proportion  to  the  debt  or  liability,  which  may 
have  been  contracted  in  pursuance  thereof,  shall  remain  in  force  and 
be  irrepealable,  and  be  annually  collected,  until  the  principaland  in- 
terest are  fully  paid. 

SEC.  7.  Every  law  which  imposes,  continues,  or  revives  a  tax,  shall 
distinctly  state  the  tax,  and  the  object  to  which  it  is  to  be  applied; 
and  it  shall  not  be  sufficient  to  refer  to  any  other  law  to  fix  such  tax 
or  object. 

ARTICLE  VIIL— CORPORATIONS. 

SECTION  1.  No  corporation  shall  be  created  by  special  laws;  but 
the  General  Assembly  'shall  provide,  by  general  laws,  for  the  organi- 
zation of  all  corporations  hereafter  to  be  created,  except  as  herein- 
after provided. 

SEC.  2.  The  property  of  all  corporations  for  pecuniary  profit, 
shall  be  subject  to  taxation,  the  same  as  that  of  individuals. 

SEC.  3.     The  State  shall  not  become  a  stockholder  in  any  corpora- 


18 

tion,  nor  shall  it  assume  or  pay  the  debt  or  liability  of  any  corpora- 
tion, unless  incurred  in  time  of  war  for  the  benefit  of  the  State. 

SEC.  4.  No  political  or  municipal  corporation  shall  become  a 
stockholder  in  any  banking  corporation,  directly  or  indirectly. 

SEC.  5.  No  act  of  the  General  Assembly,  authorizing  or  creating 
corporations  or  associations  with  banking  powers,  nor  amendments 
thereto,  shall  take  effect,  or  in  any  manner  be  in  force,  until  the  same 
shall  have  been  submitted,  separately,  to  the  people,  at  a  general  or 
special  election,  as  provided  by  law,  to  be  held  not  less  than  three 
months  after  the  passage  of  the  act,  and  shall  have  been  approved  by 
a  majority  of  all  the  electors  voting  for  and  against  it  at  such  election. 

SEC.  6.  Subject  to  the  provisions  of  the  foregoing  section,  the 
General  Assembly  may  also  provide  for  the  establishment  of  a  State 
Bank  with  branches. 

SEC.  7.  If  a  State  Bank  be  established,  it  shall  be  founded  on  an 
actual  specie  basis,  and  the  branches  shall  be  mutually  responsible 
for  each  other's  liabilities  upon  all  notes,  bills  and  other  issues 
intended  for  circulation  as  money. 

SEC.  8.  If  a  general  Banking  law  shall  be  enacted,  it  shall  pro- 
vide for  the  registry  and  countersigning,  by  an  officer  of  State,  of 
all  bills,  or  paper  credit  designed  to  circulate  as  money,  and  require 
security  to  the  full  amount  thereof,  to  be  deposited  with  the  State 
Treasurer,  in  United  States  stocks,  or  in  interest  paying  stocks  of 
States  in  good  credit  and  standing,  to  be  rated  at  ten  per  cent, 
below  their  average  value  in  the  city  of  New  York,  for  the  thirty 
days  next  preceding  their  deposit ;  and  in  case  of  a  depreciation  of 
any  portion  of  such  stocks,  to  the  amount  of  ten  per  cent,  on  the 
dollar,  the  bank  or  banks  owning  said  stocks  shall  be  required  to 
make  up  said  deficiency  by  depositing  additional  stocks;  and  said  law 
shall  also  provide  for  the  recording  of  the  names  of  all  stockholders 
in  such  corporations,  the  amount  of  stock  held  by  each,  the  time  of 
any  transfer,  and  to  whom. 

SEC.  9.  Every  stockholder  in  a  banking  corporation  or  institu- 
tion shall  be  individually  responsible  and  liable  to  its  creditors,  over 
and  above  the  amount  of  stock  by  him  or  her  held,  to  an  amount 
equal  to  his  or  her  respective  shares  so  held,  for  all  of  its  liabilities, 
accruing  wjiile  he  or  she  remains  such  stockholder. 

SEC.  10.  In  case  of  the  insolvency  of  any  banking  institution, 
the  bill  holders  shall  have  a  preference  over  its  other  creditors. 

SEC.  11.  The  suspension  of  specie  payments  by  banking  institu- 
tions shall  never  be  permitted  or  sanctioned. 

SEC.  12.  Subject  to  the  provisions  of  this  article,  the  General 
Assembly  shall  have  power  to  amend  or  repeal  all  laws  for  the  or- 
ganization or  creation  of  corporations,  or  granting  of  special  or  ex- 
clusive privileges  or  immunities,  by  a  vote  of  two-thirds  of  each 


19 

branch  of  the  General  Assembly ;  and   no  exclusive  privileges,  ex- 
cept as  in  this  article  provided,  shall  ever  be  granted. 

ARTICLE  IX— EDUCATION  AND   SCHOOL  LANDS. 

First — EDUCATION. 

SECTION  1.  The  educational  interest  of  the  State,  including 
Common  Schools  and  other  educational  institutions,  shall  be  under 
the  management  of  a  Board  of  Education,  which  shall  consist  of  the 
Lieutenant  Governor,  who  shall  be  the  presiding  officer  of  the  Board, 
and  have  the  casting  vote  in  case  of  a  tie,  and  one  member  to 
be  elected  from  each  judicial  district  in  the  State. 

SEC.  2.  No  person  shall  be  eligible  as  a  member  of  said  Board 
who  shall  not  have  attained  the  age  of  twenty-five  years,  and  shall 
have  been  one  year  a  citizen  of  the  State. 

SEC.  3.  One  member  of  said  Board  shall  be  chosen  by  the  qual- 
ified electors  of  each  district,  and  shall  hold  the  office  for  the  term 
of  four  years,  and  until  his  successor  is  elected  and  qualified.  After 
the  first  election  under  this  Constitution,  the  Board  shall  be  divided, 
as  nearly  as  practicable,  into  two  equal  classes,  and  the  seats  of  the 
first  class  shall  be  vacated  after  the  expiration  of  two  years  ;  and 
one  half  of  the  Board  shall  be  chosen  every  two  years  thereafter. 

SEC.  4.  The  first  session  of  the  Board  of  Education  shall  be 
held  at  the  Seat  of  Government,  on  the  first  Monday  of  December, 
after  their  election ;  after  which  the  General  Assembly  may  fix  the 
time  and  place  of  meeting. 

SEC.  5.  The  session  of  the  Board  shall  be  limited  to  twenty 
days,  and  but  one  session  shall  be  held  in  any  one  year,  except  upon 
extraordinary  occasions,  when,  upon  the  recommendation  of  two- 
thirds  of  the  Board,  the  Governor  may  order  a  special  session. 

SEC.  6.  The  Board  of  Education  shall  appoint  a  Secretary,  who 
shall  be  the  executive  officer  of  the  Board,  and  perform  such  duties 
as  may  be  imposed  upon  him  by  the  Board,  and  the  laws  of  the 
State.  They  shall  keep  a  journal  of  their  proceedings,  which  shall 
be  published  and  distributed  in  the  same  manner  as  the  journals  of 
the  General  Assembly.  . 

SEC.  7.  All  rules  and  regulations  made  by  the  Board  shall  be 
published  and  distributed  to  the  several  counties,  townships,  and 
school  districts,  as  may  be  provided  for  by  the  Board,  and  when  so 
made,  published,  and  distributed,  they  shall  have  the  force  and  effect 
of  law. 

SEC.  8.  The  Board  of  Education  shall  have  full  power  and  au- 
thority to  legislate  and  make  all  needful  rules  and  regulations  in  re- 
lation to  Common  Schools,  and  other  educational  institutions,  that 


20 

are  instituted,  to  receive  aid  from  the  School  or  University  fund  of 
this  State ;  but  all  acts,  rules,  and  regulations  of  said  Board  may  be 
altered,  amended,  or  repealed  by  the  General  Assembly ;  and  when 
so  altered,  amended,  or  repealed,  they  shall  not  be  re-enacted  by  the 
Board  of  Education. 

SEC.  9.  The  Governor  of  the  State,  shall  be,  ex-officio,  a  member 
of  said  Board. 

SEC.  10.  The  Board  shall  have  no  power  to  levy  taxes,  or  make 
appropriations  of  money.  Their  contingent  expenses  shall  be  pro- 
vided for  by  the  General  Assembly. 

SEC.  11.  The  State  University  shall  be  established  at  one  place 
without  branches  at  any  other  place,  and  the  University  fund  shall 
be  applied  to  that  institution,  and  no  other. 

SEC.  12.  The  Board  of  Education  shall  provide  for  the  educa- 
tion of  all  the  youths  of  the  State,  through  a  system,  of  common 
schools,  and  such  schools  shall  be  organized  and  kept  in  each  school 
district  at  least  three  months  in  each  year.  Any  district  failing,  for 
two  consecutive  years,  to  organize  and  keep  up  a  school,  as  safore- 
said  may  be  deprived  of  their  portion  of  the  school  fund. 

SEC.  13.  The  members  of  the  Board  of  Education  shall  each 
receive  the  same  per-diem  during  the  time  of  their  session,  and 
mileage  going  to  and  returning  therefrom,  as  members  of  the  Gen- 
eral Assembly. 

SEC.  14.  A  majority  of  the  Board  shall  constitute  a  quorum  for 
the  transaction  of  business ;  but  no  rule,  regulation,  or  law,  for  the 
government  of  common  schools  or  other  educational  institutions  shall 
pass  without  the  concurrence  of  a  majority  of  all  the  members  of 
the  Board,  which  shall  be  expressed  by  the  yeas  and  nays  on  the 
final  passage.  The  style  of  all  acts  of  the  Board  shall  be,  "  Be  it 
enacted  by  the  Board  of  Education  of  the  State  of  Iowa." 

SEC,  15.  At  any  time  after  the  year  one  thousand  eight  hundred 
and  sixty-three,  the  General  Assembly  shall  have  power  to  abolish 
or  re-organize  said  Board  of  Education,  and  provide  for  the  educa- 
tional interest  of  the  State  in  any  other  manner  that  to  them  shall 
seem  best  and  proper. 

Second — SCHOOL  FUNDS  AND  SCHOOL  LANDS. 

SECTION  1.  The  educational  and  school  funds  and  lands,  shall  be 
under  the  control  and  management  of  the  General  Assembly  of 
this  State. 

SEC.  2.  The  University  lands,  and  the  proceeds  thereof,  and  all 
monies  belonging  to  said  fund  shall  be  a  permanent  fund  for  the  sole 
use  of  the  State  University.  The  interest  arising  from  the  same 


shall  be  annually  appropriated  for  the  support  and  benefit  of  said 
University. 

SEC.  3.  The  General  Assembly  shall  encourage,  by  all  suitable 
means,  the  promotion  of  intellectual,  scientific,  moral,  and  agricul- 
tural improvement.  The  proceeds  of  all  lands  that  have  been,  or 
hereafter  may  be,  granted  by  the  United  States  to  this  State,  for 
the  support  of  schools,  which  may  have  been  or  shall  hereafter  be 
sold,  or  disposed  of,  and  the  five  hundred  thousand  acres  of  land 
granted  to  the  new  States,  under  an  act  of  Congress,  distributing 
the  proceeds  of  the  public  lands  among  the  several  States  of  the 
Union,  approved  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  forty-one,  and  all  estates  of  deceased  persons  who  may  have 
died  without  leaving  a  will  or  heir,  and  also  such  per  cent,  as  has 
been  or  may  hereafter  be  granted  by  Congress,  on  the  sale  of  lands 
in  this  State,  shall  be,  and  remain  a  perpetual  fund,  the  interest  of 
which,  together  with  all  rents  of  the  unsold  lands,  and  such  other 
means  as  the  General  Assembly  may  provide,  shall  be  inviolably 
appropriated  to  the  support  of  Common  Schools  throughout  the  State. 

SEC.  4.  The  money  which  may  have  been  or  shall  be  paid  by 
persons  as  an  equivalent  for  exemption  from  military  duty,  and  the 
clear  proceeds  of  all  fines  collected  in  the  several  counties  for 
any  breach  of  the  penal  laws,  shall  be  exclusively  applied,  in  the 
several  counties  in  which  such  money  is  paid,  or  fine  collected,  among 
the  several  school  districts  of  said  counties,  in  proportion  to  the 
number  of  youths  subject  to  enumeration  in  such  districts,  to  the 
support  of  Common  Schools,  or  the  establishment  of  libraries,  as  the 
Board  of  Education  shall  from  time  to  time  provide, 

SEC.  5.  The  General  Assembly  shall  take  measures  for  the  pro- 
tection, improvement,  or  other  disposition  of  such  lands  as  have  been, 
or  may  hereafter  be  reserved,  or  granted  by  the  United  States,  or 
any  person  or  persons,  to  this  State,  for  the  use  of  the  University, 
and  the  funds  accruing  from  the  rents  or  sale  of  such  lands,  or 
from  any  other  source  for  the  purpose  aforesaid,  shall  be,  and  re- 
main, a  permanent  fund,  the  interest  of  which  shall  be  applied  to  the 
support  of  said  university,  for  the  promotion  of  literature,  the  arts 
and  sciences,  as  may  be  authorized  by  the  terms  of  such  grant. 
And  it  shall  be  the  duty  of  the  General  Assembly  as  soon  as  may  be, 
to  provide  effectual  means  for  the  improvement  and  permanent  se- 
curity of  the  funds  of  said  University. 

SEC.  6.  The  financial  agents  of  the  school  funds  shall  be  the 
same,  that  by  law,  receive  and  control  the  State  and  county  revenue, 
for  other  civil  purposes,  under  such  regulations  as  may  be  provided 
by  law. 

SEC.  7.  The  money  subject  to  the  support  and  maintenance  of 
Common  Schools  shall  be  distributed  to  the  districts  in  proportion  to 


22 

the  number  of   youths,    between  the   ages  of   five  and   twenty-one 
years,  in  such  manner  as  may  be  provided  by  the  General  Assembly. 

ARTICLE   X.— AMENDMENTS  TO    THE    CONSTITUTION. 

SECTION  1.  Any  amendment  or  amendments  to  this  Constitution 
may  be  proposed  in  either  House  of  the  General  Assembly ;  and  if 
the  same  shall  be  agreed  to  by  a  majority  of  the  members  elected  to 
each  of  the  two  Houses,  such  proposed  amendment  shall  be  entered 
on  their  journals,  with  the  yeas  and  nays  taken  thereon,  and  referred 
to  the  Legislature  to  be  chosen  at  the  next  general  election,  and 
shall  be  published,  as  provided  by  law,  for  three  months  previous  to 
the  time  of  making  such  choice;  and  if,  in  the  General  Assembly  so 
next  chosen  as  aforesaid,  such  proposed  amendment  or  amendments 
shall  be  agreed  to,  by  a  majority  of  all  the  members  elected  to  each 
House,  then  it  shall  be  the  duty  of  the  General  Assembly  to  submit 
such  proposed  amendment  or  amendments  to  the  people  in  such 
manner,  and  at  such  time  as  the  General  Assembly  shall  provide ; 
and  if  the  people  shall  approve  and  ratify  such  amendment  or 
amendments  by  a  majority  of  the  electors  qualified  to  vote  for  mem- 
bers of  the  General  Assembly,  voting  thereon,  such  amendment  or 
amendments  shall  become  a  part  of  the  Constitution  of  this  State. 

SBC.  2.  If  two  or  more  amendments  shall  be  submitted  at  the 
same  time,  they  shall  be  submitted  in  such  manner  that  the  electors 
shall  vote  for  or  against  each  of  such  amendments  separately. 

SEC.  3.  At  the  general  election  to  be  held  in  the  year  one  thou- 
sand eight  hundred  and  seventy,  and  in  each  tenth  year  thereafter, 
and  also  at  such  times  as  the  General  Assemby  may,  by  law,  provide, 
the  question,  "  Shall  there  be  a  Convention  to  revise  the  Constitu- 
tion, and  amend  the  same?"  shall  be  decided  by  the  electors  quali- 
fied to  vote  for  members  of  the  General  Assembly ;  and  in  case  a 
majority  of  the  electors  so  qualified,  voting  at  such  election  for  and 
against  such  proposition,  shall  decide  in  favor  of  a  Convention  for 
such  purpose,  the  General  Assembly,  at  its  next  session,  shall  pro- 
vide by  law  for  the  election  of  delegates  to  such  Convention. 

ARTICLE  XI.— MISCELLANEOUS. 

SECTION  1.  The  jurisdiction  of  Justices  of  the  Peace  shall  ex- 
tend to  all  civil  cases,  (except  cases  in  chancery,  and  cases  where  the 
question  of  title  to  real  estate  may  arise,)  where  the  amount  in  con- 
troversy does  not  exceed  one  hundred  dollars,  and  by  the  consent  of 
parties  may  be  extended  to  any  amount  not  exceeding  three  hundred 
dollars. 

SEC.  2.     No  new  county  shall  be  hereafter  created  containing  less 


23 

than  four  hundred  and  thirty-two  square  miles  ;  nor  shall  the  territory 
of  any  organized  county  be  reduced  below  that  area;  except,  the  coun- 
ty of  Worth,  and  the  counties  west  of  it  along  the  northern  boundary 
of  this  State,  may  be  organized  without  additional  territory. 

SEC.  3.  No  county,  or  other  political  or  municipal  corporation 
shall  be  allowed  to  become  indebted  in  any  manner,  or  for  any  pur- 
pose, to  an  amount  in  the  aggregate,  exceeding  five  per  centum  on 
the  value  of  the  taxable  property  within  such  county  or  corporation 
—to  be  ascertained  by  the  last  State  and  county  tax  lists,  previous 
to  the  incurring  of  such  indebtedness. 

SEC.  4.  The  boundaries  of  the  State  may  be  enlarged,  with  the 
consent  of  Congress  and  the  General  Assembly. 

SEC.  5.  Every  person  elected  or  appointed  to  any  office,  shall, 
before  entering  upon  the  duties  thereof,  take  an  oath  or  affirmation 
to  support  the  Constitution  of  the  United  States,  and  of  this  State, 
and  also  an  oath  of  office. 

SEC.  6.  In  all  cases  of  elections  to  fill  vacancies  in  office  occur- 
ring before  the  expiration  of  a  full  term,  the  person  so  elected  shall 
hold  for  the  residue  of  the  unexpired  term ;  and  all  persons  appoint- 
ed to  fill  vacancies  in  office,  shall  hold  until  the  next  general  elec- 
tion, and  until  their  successors  are  elected  and  qualified. 

SEC.  7.  The  General  Assembly  shall  not  locate  any  of  the  public 
lands  which  have  been,  or  may  be  granted  by  Congress  to  this  State, 
and  the  location  of  which  may  be  given  to  the  General  Assembly, 
upon  lands  actually  settled,  without  the  consent  of  the  occupant. 
The  extent  of  the  claim  of  such  occupant  so  exempted,  shall  not 
exceed  three  hundred  and  twenty  acres. 

SEC.  8.  The  seat  of  Government  is  hereby  permanently  estab- 
lished, as  now  fixed  by  law,  at  the  City  of  Desmoines,  in  the  county 
of  Polk;  and  the  State  University  at  Iowa  City,  in  the  county  of 
Johnson,. 

ARTICLE  XII.— SCHEDULE. 

SECTION  1.  This  Constitution  'shall  be  the  supreme  law  of  the 
State,  and  any  law  inconsistent  therewith,  shall  be  void.  The  Gen- 
eral Assembly  shall  pass  all  laws  necessary  to  carry  this  Constitu- 
tion into  effect. 

SEC.  2.  All  laws  now  in  force  and  not  inconsistent  with  this 
Constitution,  shall  remain  in  force  until  they  shall  expire  or  be  re- 
pealed. 

SEC.  3.  All  indictments,  prosecutions,  suits,  pleas,  plaints,  pro- 
cess, and  other  proceeding  pendings  in  any  of  the  courts,  shall  be 
prosecuted  to  final  judgment  and  execution;  and  all  appeals,  writs 
of  error,  certiorari,  and  injunctions,  shall  be  carried  on  in  the  several 


24 

courts,  in  the  same  manner  as  now  provided  by  law,  and  all  offenses, 
misdemeanors  and  crimes  that  may  have  been  committed  before  the 
taking  effect  of  this  Constitution,  shall  be  subject  to  indictment,  trial 
and  punishment,  in  the  same  manner  as  they  would  have  been  had 
not  this  Constitution  been  made. 

SEC.  4.  All  fines,  penalties,  or  forfeitures  due,  or  to  become  due, 
or  accruing  to  the  State,  or  to  any  county  therein,  or  to  the  school 
fund,  shall  inure  to  the  State,  county,  or  school  fund,  in  the  manner 
prescribed  by  law. 

SEC.  5.  All  bonds  executed  to  the  State,  or  to  any  officer  in  his 
official  capacity,  shall  remain  in  force  and  inure  to  the  use  of  those 
concerned. 

SEC.  6.  The  first  election  under  this  Constitution  shall  be  held 
on  the  second  Tuesday  in  October,  in  the  year  one  thousand  eight 
hundred  and  fifty-seven,  at  which  time  the  electors  of  the  State  shall 
elect  the  Governor  and  Lieutenant  Governor.  There  shall  also  be 
elected  at  such  election,  the  successors  of  such  State  Senators  as 
were  elected  at  the  August  election,  in  the  year  one  thousand  eight 
hundred  and  fifty-four,  and  members  of  the  House  of  Representa- 
tives, who  shall  be  elected  in  accordance  with  the  act  of  apportion- 
ment, enacted  at  the  session  of  the  General  Assembly  which  com- 
menced on  the  first  Monday  of  December  one  thousand  eight  hun- 
dred and  fifty-six. 

SEC.  7.  The  first  election  for  Secretary,  Auditor,  and  Treasurer 
of  State,  Attorney  General,  District  Judges,  Members  of  the  Board 
of  Education,  District  Attorneys,  members  of  Congress,  and  such 
State  officers  as  shall  be  elected  at  the  April  election,  in  the  year  one 
thousand  eight  hundred  and  fifty-seven,  (except  the  Superintendent  of 
Public  Instruction,)  and  such  county  officers  as  were  elected  at  the 
August  election,  in  the  year  one  thousand  eight  hundred  and  fifty- 
six,  except  Prosecuting  Attorneys,  shall  be  held  on  the  second  Tues- 
day of  October,  one  thousand  eight  hundred  and  fifty-eight :  Provided, 
that  the  time  for  which  any  District  Judge  or  other  State  or  county 
officer  elected  at  the  April  election  in  the  year  one  thousand  eight 
hundred  and  fifty-eight,  shall  not  extend  beyond  the  time  fixed  for 
filling  like  offices  at  the  October  election,  in  the  year  one  thousand 
eight  hundred  and  fifty-eight. 

SEC.  8.  The  first  election  for  Judges .  of  the  Supreme  Court, 
and  such  county  officers  as  shall  be  elected  at  the  August  election, 
in  the  year  one  thousand  eight  hundred  and  fifty-seven,  shall  be  held 
on  the  second  Tuesday  of  October,  in  the  year  one  thousand  eight 
hundred  and  fifty-nine. 

SEC.  9.  The  first  regular  session  of  the  General  Assembly  shall 
be  held  in  the  year  one  thousand  eight  hundred  and  fifty-eight  com- 
mencing on  the  second  Monday  of  January  of  said  year. 


25 

*  SEC.  10.  Senators  elected  at  the  August  election,  in  the  year 
one  thousand  eight  hundred  and  fifty-six,  shall  continue  in  oflice  until 
the  second  Tuesday  of  October,  in  the  year  one  thousand  eight  hun- 
dred and  fifty-nine,  at  which  time  their  successors  shall  be*elected  as 
may  be  prescribed  by  law. 

SEC.  11.  Every  person  elected  by  popular  vote,  by  a  vote  of  the 
General  Assembly,  or  who  may  hold  oflice  by  Executive  appoint- 
ment, which  office  is  continued  by  this  Constitution,  and  every  person 
who  shall  be  so  selected  or  appointed,  to  any  such  office,  before  the 
taking  effect  of  this  Constitution,  (except  as  in  this  Constitution 
otherwise  provided,)  shall  continue  in  office  until  the  term  for  which 
such  person  has  been  or  may  be  elected  or  appointed  shall  expire  ; 
but  no  such  person  shall  continue  in  office  after  the  taking  effect  of 
this  Constitution,  for  a  longer  period  than  the  term  of  such  office,  in 
this  Constitution  prescribed. 

SEC.  12.  The  General  Assembly,  at  the  first  session  under  this 
Constitution  shall  district  the  State  into  eleven  Judicial  Districts,  for 
District  Court  purposes ;  and  shall  also  provide  for  the  apportion- 
ment of  the  members  of  the  General  Assembly  in  accordance  with 
the  provisions  of  this  Constitution. 

SEC.  13.  This  Constitution  shall  be  submitted  to  the  electors  of 
the  State  at  the  August  election,  in  the  year  one  thousand  eight 
hundred  and  fifty-seven,  in  the  several  election  districts  in  this  State. 
The  ballots  at  such  election  shall  be  written  or  printed  as  follows  : 
Those  in  favor  of  the  Constitution  "  New  Constitution — Yes."  Those 
against  the  Constitution,  "New  Constitution — No."  The  election 
shall  be  conducted  in  the  same  manner  as  the  general  elections  of  the 
State,  and  the  poll-books  shall  be  returned  and  canvassed  as  provided 
in  the  twenty-fifth  chapter  of  the  code,  and  abstracts  shall  be  for- 
warded to  the  Secretary  of  State,  which  abstracts  shall  be  canvassed 
in  the  manner  provided  for  the  canvass  of  State  officers.  And  if  it 
shall  appear  that  a  majority  of  all  the  votes  cast  at  such  election  for 
and  against  this  Constitution  are  in  favor  of  the  same,  the  Governor 
shall  immediately  issue  his  proclamation  stating  that  fact,  and  such 
Constitution  shall  be  the  Constitution  of  the  State  of  Iowa,  and  shall 
take  effect  from  and  after  the  publication  of  said  proclamation. 

SEC.  14.  At  the  same  election  that  this  Constitution  is  submitted 
to  the  people  for  its  adoption  or  rejection,  a  proposition  to  amend 
the  same  by  striking  out  the  word  "white,"  from  the  article  on  the 
"Right  of  Suffrage,"  shall  be  separately  submitted  to  the  electors  of 
this  State  for  adoption  or  rejection,  in  manner  following,  viz :  A 
separate  ballot  may  be  given  by  every  person  having  a  right  to  vote 
at  said  election  to  be  deposited  in  a  separate  box.  And  those  given 
for  the  adoption  of  such  proposition  shall  have  the  words  "  Shallthe 
word  '  white '  be  stricken  out  of  the  article  on  the  i  Eight  of  Suf- 


26 

? 

frage?'  Yes."  And  those  given  against  the  proposition  shall  have 
the"  words  "Shall  the  word  "white'  be  stricken  out  of  the  article  on 
the  '  Right  of  Suffrage?'  No."  And  if  at  said  election  the  num- 
ber of  ballots  cast  in  favor  of  said  proposition,  shall  be  equal  to  a 
majority  of  those  cast  for  and  against  this  Constitution,  then  said 
word  "white"  shall  be  stricken  from  said  article  and  be  no  part 
thereof. 

SEC.  15.     Until  otherwise  directed  by  law,  the   county  of  Mills 
shall  be  in  and  a  part  of  the  Sixth  Judicial  District  of  this  State. 


Done  in  Convention  at  Iowa  City,  this  fifth  day  of  March,  in  the 

year  of  our   Lord  one  thousand  eight  hundred    and  fifty-seven, 

and  of  the  Independence   of  the  United  States  of  America,  the 
eighty-first. 

In  testimony  whereof,  we  have  hereunto  subscribed  our  names  : 

TIMOTHY  DAY,  M.  W.  ROBINSON, 

S.  G.  WINCHESTER,  LEWIS   TODHUNTER, 

DAVID  BUNKER,  JOHN  EDWARDS, 

D.  P.  PALMER,  J.  0.  TRAER, 

GEO.  W.  ELLS,  JAMES  F.  WILSON, 

J.  C.  HALL,  AMOS  HARRIS, 

JOHN  H    PETERS,  JNO.  T.  CLARK, 

WTM.  H.  WARREN,  S.  AYERS, 

H.  W.  GRAY,  HARVEY  J.  SKIFF, 

ROBT.  GOWER,  J.  A.  PARVIN, 

H.  D.  GIBSON,  W.  PENN.  CLARK, 

THOMAS  SEELY,  JEREMIAH  HOLLINGSWORTH, 

A.  H.  MARVIN,  WM.  PATTERSON, 

J.  H.  EMERSON,  D.  W.  PRICE, 

R.  L.  B.  CLARKE,  ALPHEUS  SCOTT, 

JAMES  A.  YOUNG,  GEORGE  GILLASPY, 

D.  H.  SOLOMON,  EDWARD  JOHNSTONE, 

FRANCIS  SPRINGER,  President. 
ATTEST  : 

TH.  J.  SAUNDEBS,  Secretary. 

E.  N.  BATES,  Assistant  Secretary. 


m 


